CONTEMPT OF COURT ORDER

Citizen writes to ministry over vaccination certificate

Aura says it is wrong to place Covid-19 vaccination as a precondition for accessing parks.

In Summary
  • Aura wrote the letter after it emerged that the ministry had issued a directive to tour operators to demand proof of vaccination before any services.
  • On December 14, judge Mrima issued an order stopping the directive requiring everybody seeking in-person government services to be fully vaccinated against Covid-19.
Tourists take photos of lions at Maasai Mara
Tourists take photos of lions at Maasai Mara
Image: Douglas Okiddy

A Nairobi resident has written to the Tourism ministry demanding it stops asking for Covid-19 vaccination certificates for admittance to game parks. 

Enock Aura, through lawyer Harrison Kinyanjui, says he obtained a court order stopping the government from demanding the certificate as a condition for in-person services.

Aura says it is therefore wrong for the ministry to purport to place Covid-19 vaccination as a precondition for accessing the parks.

He says if the letter, dated November 22, by former PS Safina Kwekwe, who has since been moved to another ministry, is not withdrawn, the officials will be cited for contempt of court.

“To then purport to direct independent and private businesses to PROHIBIT and BAR Kenyans like our Client from accessing public services on the basis of the non-vaccination with ‘Covid-19 vaccinations yet the provision of such public services is financed through public funds is a breach of your Oath of Office to uphold and defend the Constitution of Kenya, and flies in the face of Article 21(1) and (2) of The Universal Declaration of Human Rights,” the letter reads.

It is addressed to the PS.

Aura wrote the letter after it emerged that the ministry had issued a directive to tour operators to demand proof of vaccination before any services.

“Our client is concerned that in your office’s stated letter, you made reference to adherence to non-existent ‘directive from the Ministry of Health’ allegedly made on November 22, 2021," the letter says.

In documents filed in court, Aura said of great concern is the undocumented slew of side effects, whether long, medium or short-term, including fatalities, precipitated by the administration of the vaccines.

"We know of no ‘such directive’ and if you do have a copy, thereof, we shall be pleased to be graciously furnished with a copy.” 

On December 14, High Court judge Anthony Mrima issued an order stopping the directive requiring everybody seeking in-person government services to be fully vaccinated against Covid-19.

The government also required Kenyans to show proof of vaccination when visiting some facilities.

The court order was granted following an application by Aura, who said the government has entered into highly secretive agreements with international pharmaceutical companies for the sale of Covid-19 vaccines. 

He said CS Health Mutahi Kagwe is privy to this information and has failed to disclose to Kenyans the contents of the syringes containing the so-called vaccines.

In documents filed in court, Aura said of great concern is the undocumented slew of side effects, whether long, medium or short-term, including fatalities, precipitated by the administration of the vaccines.

“CS 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.

He argued that every Kenyan has a right to protect their health and safety.  

The government directive was made by Health CS Mutahi Kagwe, in the company of Tourism CS Najib Balala, on November 21.

It was to take effect from December 21.

Edited by Josephine M. Mayuya

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