Case filed to annul Mutahi Kagwe’s directive on Covid-19 vaccine


Health CS Mutahi Kagwe during a past press briefing at the Ministry of Health headquarters in Nairobi [David Njaaga, Standard]

A case has been filed at the Mombasa court to annul Cabinet Secretary Health Mutahi Kagwe’s directive of denying government service to Kenyans who have not been received Covid-19 jab

The directive is slated to take effect on December 21.

Mbarak Hamid Mbarak wants Justice John Mativo to prohibit and restrain Kagwe and the Ministry of Health and Attorney General AG from enforcing the directive that will deny in-person government services to persons who are not fully vaccinated against Covid-19 disease.

Kagwe’s directive requires all Kenyans to be vaccinated before December 21 2021 to be able to access government services, public transport, public places, hospitals, the port, ferry, national parks, game reserves, law courts, prisons, hotels bars and any business premises.

The judge certified the matter as urgent and ordered Kagwe and the other respondents to file their replies, adding that the matter is heard on December 15. Mbarak through his lawyer, Willis Oluga said the Government acknowledged that Covid-19 cannot be conclusively undertaken this year and has a target of December 2022.

He said according to Government statistics, there will be about 20.35 million people who will remain wholly unvaccinated by December 21, 2021.

“There is no doubt that the deadline imposed by Kagwe is unreasonable and unjustified by the directive of the ministry of health itself,” said Mbarak.

He said that the restrictions are likely to see an influx of fake Covid-19 vaccination by unscrupulous individuals who are out to circumvent and defeat the directives or simply to cash in on the situation.

Mbarak said the orders are disproportionate, unrealistic, unreasonable and unjustified.

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