LSK to challenge ban on private vaccine
Thursday, April 8th, 2021
Law Society of Kenya has filed a petition challenging the government’s decision to ban the importation, distribution and administration of Covid-19 vaccine by the private sector.
Health Cabinet Secretary Mutahi Kagwe last week also announced cancellation of licences issued in that regard.
Under a certificate of urgency, LSK wants the High Court to stop the implementation and enforcement of the decision.
“An order restraining the implementation and enforcement of the decision of CS Kagwe made on April 2 banning all private sector importation, distribution and administration of Covid-19 vaccines and cancellation of licences issued in that regard pending the hearing of the case,” argues the lawyers.
Through LSK President Nelson Havi, the lawyers argue that the decision by Kagwe to ban private sector importation and distribution of vaccines is unlawful.
“The banning of the importation of vaccines is a decision that cannot be made when the vaccination capacity of the government is thirty per cent and the same violates the Constitution,” the court papers.
Havi says Interior Cabinet Secretary Fred Matiang’i and his Health counterpart have limited rights and fundamental freedoms in the Bill of rights and contravenes the Constitution.
Havi claims the decision to issue and implement the decision requires legislation or parliamentary approval in combating Covid-19.
However, LSK is also challenging the restrictions of movement of persons.
LSK is also seeking the court to further bar implementation and enforcement of public order no. 2 of 2021 on the Corona virus pandemic made by the President on March 26 pending the hearing and determination of the petition.
The lawyers’ body claims that the President directive made on March 26 is not founded upon any provision of law, and is therefore unlawful and unconstitutional.