The High Court in Mombasa has failed to suspend the Covid-19 fees in government facilities as prayed by Muslim for Human Rights (Muhuri) and directed the matter be heard before a Nairobi court. 

Justice PJ Otieno declined to give any orders suspending the government from billing Covid-19 patients in government quarantine facilities and ordered that Muhuri's petition be heard together with Okiya Omtata's petition in Nairobi.

Muhuri filed a petition dated April 23 seeking conservatory orders suspending payments by persons under isolation and quarantine for their general expenses and upkeep while in government Covid-19 centres.

A similar petition had been filed by Okiya Omtata and the Kenya National Commission for Human Rights (KNHCR) at High Court in Nairobi.

Justice Otieno, through a video link, said the two cases would be consolidated and heard together they address similar issues. Hearing is set for May 20 via zoom.

The rights group had also sought for orders prohibiting the Attorney general, Health Cabinet Secretary and Inspector General of Police from forcibly taking people into isolation and quarantine without reasonable cause that they may be infected with Covid-19.

Muhuri applied to have the Health CS Mutahi Kagwe adhere to health standards at government-designated Covid-19 centres.

However, through a sworn affidavit, Mr Kagwe said the petition by Muhuri was self-serving and populist.

“I have reason to believe...that regardless of whatever measures or actions the government will take to control the spread of Covid-19, Muhuri will challenge the same in court to serve its own ulterior purposes," Kagwe said.

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