Health Cabinet Secretary, Mutahi Kagwe, has issued a response following a court order overturning a directive that made Covid-19 vaccination a mandatory requirement to access government services.
While addressing the press hours after the court order on Tuesday, December 14, Kagwe insisted that the earlier directive did not make vaccination mandatory for Kenyans.
He went ahead to state that the directive was misinterpreted and should have not been taken to court. Kagwe asserted that they were only advising unvaccinated Kenyans to make calls instead of physically visiting government offices.
"The court order is welcome because we do not want to mandate any body to get the vaccine. I don’t even know why anybody went to court about this mandatory issue because there is nothing like that. We have not issued any mandatory vaccination order."
“Nobody is forcing anybody for the vaccine but the government has a responsibility. The only thing that has been said is if you want to go on a government office make a call, otherwise get vaccinated,” Kagwe stated.
However, the CS stated that the government has a responsibility of protecting the lives of Kenyans adding that those who were unvaccinated were a threat to the ministry’s efforts in curbing the spread of the virus.
“Nobody is being forced to be vaccinated but your right does not allow you to be a threat to those who have been vaccinated.”
"If many people get vaccinated then there is no need of going back to containment measures such as the lockdown," he asserted.
While making a determination on the matter, Justice Antony Mrima set aside the directive by the Ministry of Health and stated that the directive would remain suspended until the matter is determined.
Further Mrima directed that the petition filed by city lawyer Harrison Kinyanjui be heard on January 4, 2022.
In his application, Kinyanjui who was representing businessman Enock Aura argued that the directive was discriminatory and unconstitutional.
The petitioners also stated that the directive was a misuse of power arguing that citizens should not be forced to take vaccines whose side effects were not well known.
Prior to the court directive, various business entities had issued a directive to their customers directing that they would start implementing the government directive.
"Proof of vaccination will be verified at the entrances of the mall, it could be on soft or hard copy of the certificate," read a statement by Yaya Centre, a Nairobi-based shopping mall.
