Human rights activist Okiya Omtatah wants the state to refund the money it collected from all Kenyans in mandatory quarantine.
In a petition filed at the Milimani law courts, Omtatah argues that the state has disregarded the Public Health Act and instead used unlawful ways to combat the outbreak of the virus.
According to Omtatah, the decision made by the state that requires individuals to go into compulsory quarantine without a magistrate’s order is illegal.
The activist argues that the state should foot the bills for Kenyans in quarantine.
He wants the court to compel the state to refund in full, and with interest at the courts' rates, the money each and every person in quarantine was forced to pay for their upkeep.
He is challenging the decision by the government forcing people ordered into compulsory quarantine in centres to meet the costs of their own confinement.
“The government broke the law by failing to ensure the people it had forced into quarantine were adequately accommodated,” he said.
The activist claims that due to these measures, individuals who were previously free from Covid-19 when they were isolated later tested positive for the virus.
Omtatah also claims that it’s unlawful for the state to extend the number of days in mandatory quarantine at suspects’ own cost.
He says it is in gross violation of the Constitution. Omtatah further argues that none of the regulations issued or purportedly issued defines what the disease is despite being caused by coronavirus 2 (SARS-Cov-2) which is being new and previously unknown - both in law and health.
He also says that CS Mutahi Kagwe has exceeded his powers to make regulations under section 36 of the Public Health Act by purporting to create criminal offences and penalties which is the preserve of Parliament.
Edited by R.Wamochie
