High Court Stops Gov’t From Enforcing Rule Demanding Proof Of Vaccination To Render Services

NAIROBI,Kenya, Dec, 14 – The high court has issued an order barring the state from instituting a directive demanding Kenyans to provide proof of vaccination in order to receive key government services.

A section of Kenyans had expressed concerns over the move saying that it was not fair particularly after the government  announced that it would not force anyone to receive the COVID-19 jab.

Appearing before Justice Anthony Mrima who issued the orders, Enock Aura who filed the application had argued that the state had entered into secretive agreements with pharmaceutical companies guaranteeing the constant sale of the vaccine.

Aura in his application also cited the lack of information documenting the side effects brought about by the vaccines.

“Health cabinet Secretary Mutahi Kagwe has not disclosed to the Kenyan population what exactly is contained in the COVID-19 vaccines, or possible side effects, which are now being administered,” he said.

In his submission through lawyer Harrison Kinyanjui, Aura who sued the Attorney General, CS Kagwe, Transport cabinet secretary James Macharia,the Inspector General of police among others further argued that he directive was not in the best interest of Kenyans who have a right to protect their health and safety.

“The decree by Kagwe purports to mandate that all Kenyans must be vaccinated with the COVID-19 vaccine as a precondition to their continued accessing any in-person government of Kenya services. This is unlawful and the same should be reversed,” he further said.

He called on the state to cease the deliberate concealment of data on the contents of the vaccine, its effects since no one knows how long the administered vaccine will be effective in protecting Kenyans’ lives.

The matter is now set to be fully heard on January 4,2022.

Kagwe’s Directive On Vaccination Directive

Kenyans would have found it difficult to access key government services after Health CS Mutahi Kagwe said that it would soon be obligatory for them to provide proof of vaccination by December 21,2021.

As part of the proposed strategies, failure to provide proof of vaccination would see Kenyans be incapable of accessing in-person KRA services, Education, Immigration Services, Hospital and Prison Visitation, NTSA and Port Services among others.

With millions of Kenyans nationwide said to heavily rely on public transportation to reach to their various destinations particularly now during the festive season those using buses, rail transport including SGR and air transport were also required to comply with the directive.

“All motorable operators, that is Drivers, Conductors, Bodaboda riders, Pilots, Air Hostesses and all others working in the sector should be fully vaccinated and carry proof of vaccination at all times,”  he said while initially making the announcement.

Kagwe revealed that the ministry of transport alongside that of interior and coordination of national government would enforce the strategies alongside other relevant stakeholders.

Access to bars, restaurants and hotels, public parks and other recreation facilities would also have demanded proof of vaccination.