CONSTITUTIONAL ISSUES

Don't force asymptomatic carriers to give samples, state told

Muhuri says state infringes on the carrier' rights and freedoms and should pay for quarantine.

In Summary

• Muhuri wants the government to pay quarantine charges 

• The lobby group says the government received funding from the WHO and should spend it save Kenyans cost of quarantine. 

Residents of Nairobi quarantine facility talk to each other from their balconies.
QUARANTINE: Residents of Nairobi quarantine facility talk to each other from their balconies.
Image: COURTESY

Muhuri has challenged the state's practice of forcing asymptomatic carriers of Covid-19  to provide specimens for testing without their consent and to be quarantined.

The issue will play out in court on Wednesday in a case filed by Muslims for Human Rights.

It also seeks to compel the government to pay quarantine charges. The lobby group says the government received funding from the WHO and should spend it to save Kenyans cost of quarantine. 

On Monday, High Court judge Mugure Thande certified the case urgent and set the hearing for Wednesday.

 “This raises plausible legal questions of infringement on constitutional rights and freedoms, including the right to property, right to freedom and security of the person, right to protection of human dignity and right to privacy,” Muhuri chairperson Khelef Khalifa said in an affidavit.

The restrooms are flooded with water, the food is kept overnight and is rotten and there is no proper planning on the separation of the infected and non-infected.
Lawyer Lumatete Muchai

The lobby seeks a declaration that those forcibly quarantined without sufficient and reasonable cause or prior testing should be released because their rights are being violated.

Muhuri lawyer Lumatete Muchai said it is public knowledge those confined in government-designated isolation centres are subjected to deplorable conditions.

“The restrooms are flooded with water, the food is kept overnight and is rotten and there is no proper planning on the separation of the infected and non-infected,” he said.

Muhuri has sued the Attorney General, the Health Cabinet Secretary and the Police IG.

It wants the government to pay quarantine costs, about Sh2,000 per day plus other expenses.

Muhuri said the government is responsible for ensuring quarantine is carried out while upholding the human dignity of the people confined.

“The circumstances are not peculiar to Mombasa county alone. All over Kenya, similar cases have been reported of people being forced into quarantine as punishment for undisclosed offences,” Khalifa said.

Muhuri said people quarantined at such facilities are at great risk of contracting Covid-19 due to lack of proper sanitation and failure to implement all safety guidelines including separation of the infected and uninfected.

“This will negate the very purpose and reason of isolation and quarantine,” Lumatete said.

 (Edited by V. Graham)

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