Blow to CS Kagwe as Court Suspends His Directive

  • Justice Anthony Mrima during a court session
    Justice Anthony Mrima during a court session
    Daily Nation
  • The High Court sitting in Nairobi has suspended a directive by the government denying unvaccinated Kenyans from accessing basic services from December 21.

    In a brief ruling issued Tuesday, December 14, Justice Antony Mrima set aside the directive by the Cabinet Secretary for Health, Mutahi Kagwe, that required all Kenyans to show proof of vaccination.

    The ruling followed a petition by city Lawyer Harrison Kinyanjui who argued that the directive was discriminatory and unconstitutional.

    Justice Mrima stated that the directive will remain suspended pending hearing and determination of the petition.

    Health CS Mutahi Kagwe During the Official Launch of Kenya's Largest Oxygen Plant at the MTRH on Monday, August 30, 2021.
    Health CS Mutahi Kagwe During the Official Launch of Kenya's Largest Oxygen Plant at the MTRH on Monday, August 30, 2021.

    The ruling by the High Court slammed brakes on orders by CS Kagwe where he warned that unvaccinated Kenyans will not receive basic government services. 

    Lawyer Kinyanjui termed the directive by CS Kagwe as tyrannical and a misuse of power on his part.

    The lawyer who was representing businessman Enock Aura in the matter proceeded to state that blocking unvaccinated Kenyans from using public transport is an affront to the right to freedom of movement who have a right to travel anywhere in the Country without lawful inhibition.

    He further argued that unless CS Kagwe's order is stopped taxpayers will be denied access to Government services which they have been funding without equal benefit.

    The lawyer also accused the government of Kenya of entering into highly secretive agreements with international pharmaceutical companies for the sale of the covid-19 vaccines.
    Aura accused CS Kagwe of being privy to this information and failing to disclose to Kenyans the contents of the agreements.
    The businessman also told the court that he was concerned with the undocumented side effects of the vaccine whether long, medium or short-term and the fatalities precipitated by the administration of the jab on Kenyans.
    Aura argued that every Kenyan has a right to protect their health and safety. citing the Pfizer jab as one of the manufacturers of the vaccines which expressly admitted in April 2021 that there were counterfeit jabs circulated in Mexico.

    Kinyanjui presented that this was reasonable for Kenyans to question the jab and even reject it from being injected into their healthy bodies.

    Notably, the World Health Organization have urged people to take vaccines available to them stating that "vaccines work by training and preparing the body’s natural defences – the immune system – to recognize and fight off the viruses and bacteria they target". 

    "Everybody seeking in-person government services should be fully vaccinated and proof of vaccination availed by December 21, 2021.

    "Such services will include but not limited to: tax services, Education, Immigration services, Hospital and Prison visitation, NTSA and port services among others," CS Kagwe stated.

    An image of Yaya Centre
    An image of Yaya Centre
    Yaya Centre
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