The High Court sitting in Nairobi has suspended a directive by the government denying unvaccinated Kenyans from accessing basic services from December 21.
In a brief ruling issued Tuesday, December 14, Justice Antony Mrima set aside the directive by the Cabinet Secretary for Health, Mutahi Kagwe, that required all Kenyans to show prove of vaccination.
The ruling followed a petition by city Lawyer Harrison Kinyanjui who argued that the directive was discriminatory and unconstitutional.
Justice Mrima stated that the directive will remain suspended pending hearing and determination of the petition.
Health CS Mutahi Kagwe During the Official Launch of Kenya’s Largest Oxygen Plant at the MTRH on Monday, August 30, 2021.KBC
The ruling by the High Court dealt a blow to orders by CS Kagwe issued where he warned the unvaccinated Kenyans will not receive basic government services.
“Everybody seeking in-person government services should be fully vaccinated and proof of vaccination availed by December 21, 2021.
“Such services will include but not limited to: KRA services, Education, Immigration services, Hospital and Prison visitation, NTSA and port services among others,” CS Kagwe stated.
Hours before the ruling by Justice Mrima, Yaya Centre and the Federation of Kenya Employers (FKE) issued separate statements declaring proof of vaccination should be presented before Kenyans are allowed to enjoy services in businesses premises.
Yaya Centre management referred to the directive issued on November 21 advising members to show proof of inoculation to access public places serving more than 50 people in a day.
The mall further issued directives to shop owners to enforce the new regulations. They will be required to display signage communicating on the Kagwe directives.
Also roped in are tenants, their staff, suppliers consumers and contractors who will be accessing the facility. Security guards will be put in place to ensure that the new measures are adhered to the latter.
FKE directed all small and medium size businesses have been directed to enforce an order by the government requiring people to show proof of Covid-19 vaccination before accessing services.
A statement by the Federation
of Kenya Employers (FKE) indicated that businesses serving more than 50 people a day should put up signages indicating that they require proof of vaccination from customers before they access the premises.
The federation also advised private businesses to ensure that all indoor gatherings are limited to two-thirds capacity.
Sourced from Kenyans