KAGWE DIRECTIVE

Court declines to issue temporary orders suspending vaccination directive

Judge to first hear both parties in the case before issuing an order.

In Summary

• On November 21, Kagwe issued directives to the effect that everybody  seeking in person government services should be fully vaccinated.

• Such services will include but are not limited to KRA services, Education and Immigration services.

Medical staff prepare Moderna coronavirus (COVID-19) vaccine to be administered at newly-opened mass vaccination centre in Tokyo, Japan, May 24, 2021.
Medical staff prepare Moderna coronavirus (COVID-19) vaccine to be administered at newly-opened mass vaccination centre in Tokyo, Japan, May 24, 2021.
Image: Carl Court/Pool via REUTERS

The High Court has declined to suspend the government's directive requiring everyone seeking in person government services to be fully vaccinated and proof of vaccination availed by December 21.

Justice Antony Mrima said he will not issue any temporary orders until he hears arguments from all parties involved in the case filed by an advocate and human rights activist.

He gave Attorney General Kihara Kariuki, representing the Ministry of Health, 10 days to file their responses in the case.

Winfred Ochieng told Justice Mrima that as per the World Health Organization, there should be an eight weeks interval between administration of the first and second jab.

She said a great percentage of Covid-19 vaccines administered in Kenya are those administered in two doses which include AstraZeneca and Pfizer.

“It is an undisputed fact that the interval of only four weeks within which in excess of 24 million Kenyans are expected to comply with the directive is unrealistic and oppressive,” she said.

Those sued in the case are CS Health Mutahi Kagwe and the Attorney General.

On November 21, Kagwe in the company of CS Tourism Najib Balala issued directives to the effect that everybody  seeking in person government services should be fully vaccinated and proof of vaccination availed by December 21.

Such services will include but are not limited to KRA services, Education, Immigration services, Hospital and Prison Visitations, NTSA and port services among others.

All indoor gatherings will also be limited to two-thirds capacity with proof of Covid-19 vaccinations of all in attendance.

The case will be heard on December 20.