A man has moved to court seeking to overturn the Ministry of Health directive requiring passengers and those seeking government services to produce proof of vaccination against COVID-19.
Enock Aura wants the court to stop Health Cabinet Secretary Mutahi Kagwe, Ministry of Transport, Interfaith Council on the National Response to Coronavirus Pandemic and Inspector General from implementing the mandatory requirements for all kenyans to be vaccinated with covid vaccine.
Through lawyer Harrison Kinyanjui, Aura argues that Kagwe’s directive encroaches on negatively implicates and violates the guaranteed cross section of the fundamental rights and freedoms of Kenyans, notwithstanding that Article 20(1) of the constitution stipulate that the Bill of rights applies to all laws and binds all state organs and all persons.
Aura adds that the impugned and unlawful” COVID-19 vaccination” edict Health Ministry as a pre-condition for Kenyans to board public service vehicles implies that the PSV licensing regime under the National Transport and Safety Authority has been usurped by health ministry in the imposition of a non-existent statutory condition for Kenyans to board and use PSV.
“Unless brought to heel, Kagwe’s unconstitutional edict impugned herein will be taken up by the Ministry of Transport, Interfaith Council on the National Response to Coronavirus Pandemic, Inspector General, council of Governors among others and treated as law (when it is not) and extended to other occupation, private sector, Kenyans’ private homes and hence stymying and pegging the enjoyment of virtually every human right to these vaccinations in the manner jeopardizing Kenyans’ human existence “, says Aura.
