Human rights activist Okiya Omtatah on Thursday, April 23, sued the government over directives instituted to curb the spread of the Covid-19 pandemic.
Omtatah moved to court over the government's decision to mandatorily quarantine Kenyans caught flouting curfew regulations without obtaining an order from a magistrate’s court as required by law.
He also challenged the requirement for Kenyans on mandatory quarantine in government facilities to foot their costs when the reason for being quarantined was a public health necessity.
Further, he opposed the extension of quarantine days as well as the government's apparent failure to take care of those affected from being infected by the virus.
Omtatah is back in the courts barely a week after passing on his daughter on Thursday, April 16 after a short battle with acute malaria at the Bungoma Hospital.
Specifically, Omtatah is suing against Control and Suppression of Covid-19 Rules, 2020; the Nairobi Metropolitan Area Order, 2020 and the Covid-19 Restriction of Movement of Persons and Related Measures Rules, 2020.
Omtatah also noted that Health Cabinet Secretary Mutahi Kagwe overstepped his boundaries to make regulations under section 36 of the Public Health Act. He argued that it was a function of Parliament.
With a number of people in quarantine having their days in the facilities extended, Omtatah noted it was an illegality.
Omtatah says that the Public Health Act requires the government to cater to the bills of those forced to quarantine for public health protection.
"There is no power under Section 27 for the government to require persons whom it believes are not accommodated in such a manner as is adequate to guard against the spread of the disease to meet some or any of the costs of providing the required adequate accommodation.
"It is my case that the state of affairs constitutes a gross violation of the Constitution and therefore it is invalid hence the court is enjoined to intervene.
"The threats and violations of the Constitution arise from the government’s irregular and unlawful enactment of laws that border on fascism," reads part of Omtatah's argument.
