NMS director health services risks jail after contempt of court case is filed

Milimani Law Courts

A contempt of court application against the Director of Health Services at Nairobi Metropolitan Services (NMS) Dr Ouma Oluga has been filed before the High Court.

The petitioner, Enock Aura, wants Dr Oluga to be jailed for allegedly disobeying a court order staying his directive on mandatory production of a covid-19 vaccination certificate.

He wants Dr Oluga to be personally present in court at all times scheduled for the hearing of contempt application. 

“Dr Oluga do forthwith show cause why he should not be held in contempt of court for having expressly breached and, and acted in violation of of court order issued on 14th December 2021 and served upon him and forbidding him in specific terms as a person acting at the behest of ministry of Health herein,”  says Aura.

Dr Oluga issued a memo to 17 Nairobi County sub-county medical officers of health directing that all persons seeking in-person services must show proof of vaccination.

Through lawyer Harrison Kinyanjui, Aura states that Dr Oluga’s directive issued on 5th January 2022 asking for the compliance with non-existent and unlawful “directive” of 22nd December 2021 by the Ministry of Health denies in-person services to unvaccinated persons.

Aura told the court that the content of the said memo by Dr Oluga violates a court order that suspended the government directive requiring proof of Covid-19 vaccination before getting in-person services.

The order by Justice Anthony Mrima is still in force pending the hearing and determination of the suit.