CASE CHALLENGING COVID-19 VACCINE AS A PRE-CONDITION FOR GETTING GOVERNMENT SERVICES CERTIFIED URGENT.

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BY SAM ALFAN.

The High Court has certified as urgent an application seeking to stop the government from demanding proof of vaccination before getting services.

Justice Hedwig Ong’udi also directed Enock Aura to serve the petition to the government immediately ahead of the hearing.

The Judge further directed the Ministry of Health among other government officials to file their responses within seven days.

In the petition, Aura argues that it is wrong for the government through the Health Cabinet Secretary to demand proof of vaccination from Kenyans before getting services.

Through lawyer Harrison Kinyanjui, Aura argues that Kagwe’s directive negatively implicates and violates the guaranteed cross section of the fundamental rights and freedoms of Kenyans.

He says the directive is contrary to Article 20(1) of the constitution which stipulates that the Bill of rights applies to all laws and binds all state organs and all persons.

“Unless brought to heel, Kagwe’s unconstitutional edict impugned herein will be taken up by the Ministry of Transport, Interfaith Council on the National Response to Coronavirus Pandemic, Inspector General, council of Governors among others and treated as law (when it is not) and extended to other occupation, private sector, Kenyans’ private homes and hence stymying and pegging the enjoyment of virtually every human right to these vaccinations in the manner jeopardizing Kenyans’ human existence,” says Aura.

Aura adds that the directive on Covid-19 vaccination by the Health Ministry as a pre-condition for Kenyans to board public service vehicles implies that the PSV licensing regime under the National Transport and Safety Authority has been usurped by health ministry in the imposition of a non-existent statutory condition for Kenyans to board and use PSV.

The case will be heard on December 8 before Justice Anthony Mrima. 

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