BY SAM ALFAN.
A concerned Kenyan has written to the head of public service Joseph Kinyua demanding the immediate withdrawal of a directive to civil servants to take the Covid-19 jab.
In an 11-page letter Joseph Aura Enock says the directive is illegal has it has no backing in law.
Kinyua had in a memo dated August 5, directed Principal Secretaries as accounting officers to ensure that all civil servants get the vaccine.
But through lawyer Harrison Kinyanjui, Aura says he will move to court if the directive is not withdrawn. About 2 million Kenyans have already been vaccinated as the government steps up effort to fight coronavirus.
Aura says that the said directives does not meet the constitutional threshold of a legal instrument or power to impose such directives.
He adds that Article 94(5) of the constitution forbids the government to issue a directive that is couched as law, while outside the scope of the law.
The said article states: “No person or body, other than Parliantent, has power to make provision having theforce of law in Kenya except under authority conferred by this Constitution or by legislation.”
Aura further says that Article 46(1)(b) of the constitution guarantees in a non-abrogable manner to every Kenyan (whether in the public service or “private sector”) the protection of their health, safety, and economic interests.
“By dint of your cited mandated “Covid-19” “vaccinations”, the Kenya Government is unconstitutionally and unlawfully taking liberties with Kenyan people’s health generally (and the civil servants’ specifically) and their Constitutionally-enshrined rights, without concurrent legislative authorization to do so under the Statutory Instruments Act regime,” he adds.
He questions on what basis are “COVID-19” “vaccinations” being administered universally within Kenya, granted that persons subject to specific or acute allergies are automatically exempted from having certain vaccines administered on them, even by the edicts of the very manufacturers of the “vaccines”?
“There exists no national cross-cutting data on whether current vaccines touted as “Covid-19” “vaccines” are indeed safe for pregnant women, lactating mothers, children under 18 years, disabled persons, persons with terminal illnesses such as advanced cancer, and those with compromised immune systems, for whatever medical reason,” he said.
He alleged that the truth is that there’s no medical emergency current in Kenya warranting the mandate for mass vaccination.
“There’s no emergency crisis to warrant forced vaccinations among Kenya’s civil servants or Kenya’s at large,” he says