Gov’t move to forcefully quarantine, charge individuals declared unconstitutional

A Nairobi high court has declared the government directive to quarantine members of the public in various facilities without a court  and forcing them to pay for their upkeep unconstitutional.

High Court judge James Makau ruled that the action contravenes section 27 of the Public Health Act.

The ruling was issued following a case filed by activist Okiya Omtatah in April challenging the COVID-19 regulations.

Omtata argued that Health CS Mutahi Kagwe issued three Legal Notices which were done without both public participation and parliamentary approval.

He also sought an order directing that the government refunds in full the money each and every person who was quarantined and was forced to pay, a request which the court declined to grant. The judge declined to issue the said order saying it was not particularized and proved.

“The order was not specifically pleaded and strictly proved and the County Governments who are required or make payments were not joined as parties,” the judgment read.