• President Kenyatta last week ordered Kenyans to wear masks in public places.
• LSK says whereas the rules were published on April 6, they have not been tabled before the National Assembly within seven days.
The Law Society of Kenya has challenged the government directives on mandatory wearing of face masks and travel ban into four counties.
Last week, President Uhuru Kenyatta while addressing the nation directed that all Kenyans have to wear face masks as a preventive measure against Covid-19 and barred travel in and out of Nairobi, Mombasa and Kilifi Counties.
LSK is seeking to suspend rules issued by the state, arguing that they were unconstitutional and discriminatory.
Through lawyer Omwansa Ombati, they say that whereas the rules were published on April 6, they have not been tabled before the National Assembly within seven days and, therefore, are void upon the expiry of that period since they were published on April 10.
“There is no gazette notice and the ministry is in breach of the rules requiring easy accessibility of a regulation or law in an intelligible manner that is accessible to the general public,” read court documents.
Ombati says the rules are discriminatory against the poor who cannot afford face masks and they were never subject to any public participation.
LSK further argues the rules were never approved by Parliament yet they introduce a criminal penalty.
The organisation wants the court to suspend the implementation or operation of the Public Health (COVID 19 Restriction of Movement of Persons and Related Measures) rules 2020 particularly regulations 4, 5,6,7,9 and 11.
Alternatively, LSK wants the court to order the Ministry of Health to supply free face masks to all vulnerable groups, the needy, the homeless and street families.
Justice James Makau has certified the case as urgent and directed LSK to serve parties. The case will be mentioned on April 23.
Edited by Henry Makori