BY OLIVIA MUNGWANA
Justice Antony Mrima yesterday suspended that directive by Health CS Mutahi Kagwe requiring proof of vaccination before anyone can access certain government services, PSVs and access establishments like hotels that host over 50 people at a time as of 20th December.
Justice Mrima said the directive is unconstitutional.
In a brief ruling, Justice Mrima issued the conservatory order in the matter lodged by businessman Enock Aura through lawyer Harrison Kinyanjui.
The decision by the court comes after Aura filed the case under a certificate of urgency seeking to stop the government’s directive made on November 22, which threatened to lockout unvaccinated Kenyans from accessing in-person government services.
In his submission, Kinyanjui said that unless Cabinet Secretary Mutahi Kagwe’s directive is checked, thousands of tax-paying Kenyans will be denied access to government services which they have been funding without equal benefit.
The order will remain in force pending the hearing and determination of the petition by the businessman.