BY SAM ALFAN.
Unvaccinated Kenyans have been handed a reprieve after the High Court suspended a directive by the government requiring proof of Covid-19 vaccination before accessing basic services.
Justice Anthony Mrima suspended the directive, which was issued by Health cabinet Secretary Mutahi Kagwe last month, pending the determination of a case filed by Enock Aura.
“A Conservatory order is issued prohibiting the Respondents by themselves, their respective agencies or Departments, their servants, agents, employees, or anyone acting at their behest and directions, from demanding enforcement of, or enforcing in any manner, any aspect of, or the whole of the 1 st Respondent’s (Cabinet Secretary, Ministry of Health) “Directives”, stated as Directive Number 1, Number 2(b) and 2(d), Number 3, and Number 4, as contained in the 1 st Respondent’s Press Release of 21 st November 2021 under the Ministry of Health’s hand pending hearing and determination of the petition “, ordered the judge.
In the petition, Aura argues that it is wrong for the government to demand proof of vaccination from Kenyans before getting services.
His lawyer Harrison Kinyanjui argued 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.
Last month, Kagwe said that everyone seeking government services must be fully vaccinated to keep infection rates lower and avoid lockdowns.
But Aura said 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.
He said barring unvaccinated Kenyans from using public transport is an affront to the right to freedom of movement as people have a right to travel anywhere in the country.
