COVID-19: Directive to bar unvaccinated Kenyans from accessing services stands – court rules

By , K24 Digital
On Fri, 26 Nov, 2021 11:10 | < 1 min read
PHOTO/COURTESY
PHOTO/COURTESY

The High Court has declined to suspend the government's recent health minister's Mutahi Kagwe directive to bar unvaccinated Kenyans from accessing basic services from 21 December.

In a brief ruling, Justice Antony Mrima declined to issue a conservatory order in the matter lodged by a Kenyan Lawyer pending the hearing of the application on December 20.

"I will not issue any interim orders at this stage until I hear the parties before the government directives take effect on December 21," Justice Mrima ordered.

The Judge further granted Attorney General Kihara Kariuki who is representing the Ministry of Health CS in the matter 10 days to file their pleadings in the case filed by Lawyer Winfred Otieno Ochieng.

"I direct all parties to file their responses and submissions before the hearing of the matter on December 20," Mrima said.

The directives by the court came after the AG through lawyer Victor Ondieki pleaded with the court not to issue the suspension orders until the application dated November 23 is heard. He however gave AG Kihara 14 days to file a response in the matter.

Lawyer Ochieng had urged the court to issue temporary orders stopping the implementation of the state directive until the matter is heard.

In his application, Ochieng wants the court to quash the Health Minister's order compelling all Kenyans to get vaccinated by December 21 is unconstitutional and illegal.

The court suit comes after Health CS Kagwe on Sunday in a press briefing said that from December 21, people seeking in-person government services should be fully vaccinated and should show proof of vaccination. The services include tax, immigration, port, and hospital services, he added.