High court declines to issue summons to health CS over corona virus contingency plan


High court has declined to issue summons against Health CS Mutahi Kagwe over Corona Virus (COVID 19) contingency plan.

LSK through lawyer JD Ochiel and Henry Kurauka for two doctors who had filed a case against the CS over the virus preparedness wanted the court to issue summons for failure of the CS to file a contingency plan for prevention, surveillance, control and response to corona virus outbreak in Kenya as ordered by the court.

Justice Korir declined to issue the summons saying “I do not find it necessary to call a soldier in a warfront to appear in court.”

The judge directed the matter to be mentioned on 26th March before the duty judge.

LSK argues that the CS had failed to prepare or enforce a functional public health emergency contingency plan to control, prevent and manage the importation outbreak and spread of the disease in Kenya.

The court had also compelled the CS to account, re-examine, and quarantine in a KDF facility all the 239 passengers that they let into the country aboard a Chinese flight which landed at JKIA on 26 February.

The Judge said the passengers will be confined and quarantined in the facility until they are duly certified to be free from the COVID-19.