High Court suspends state directive on compulsory Covid jab

The High Court has issued a conservatory order suspending the government's directive to bar Kenyans who are not fully vaccinated against Covid-19 from accessing basic services from December 21.

In a brief ruling, Justice Antony Mrima Tuesday issued the conservatory order in the matter lodged by businessman Enock Aura through lawyer Harrison Kinyanjui.

The order will remain in force pending the hearing and determination of the petition.

The decision by the court comes after Mr Aura filed the case under a certificate of urgency seeking to stop the state directive made on November 22 threatening to lock out Kenyans from accessing in-person government services unless they have been vaccinated. He said this is a gross violation of the Constitution.

Lawyer Kinyanjui informed the court that the directive by Health CS Mutahi Kagwe is tyrannical and an abuse of power on his part.

Freedom of movement

He argued that 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 without lawful inhibition.

He further submitted that unless Mr Kagwe's directive is checked, thousands of tax paying Kenyans will be denied access to government services which they have been funding without equal benefit.

In his petition, Mr Aura further claims that the government of Kenya has entered into highly secretive agreements with international pharmaceutical companies for the sale of the Covid-19 vaccines.

He adds that CS Kagwe is privy to this information and has also failed to disclose to Kenyans the very contents in the syringes of such “Covid-19 vaccines”.

“CS Mutahi Kagwe has not disclosed to the Kenyan population what exactly is contained in the Covid-19 vaccines, their known, documented, or possible side effects,” read the court papers.