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High Court declines to suspend Kagwe’s directive on vaccination

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High Court declines to suspend Kagwe’s directive on vaccination

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The directive by the Ministry of Health requiring everyone seeking in-person government services to be fully vaccinated and proof of vaccination provided has been held by the High Court.

High Court Friday declined to issue any temporary order suspending the directive until all parties involved in a case filed before it are heard. Those sued in the case are CS Health Mutahi Kagwe and the Attorney General.

On November 21, Health Cabinet Secretary Mutahi Kagwe announced that the directive would take effect from December 21, 2021.

While making the ruling, Justice Anthony Mrima gave Attorney General Kihara Kariuki, representing the Ministry of Health, 10 days to file their responses in the case.

A Kenyan lawyer, Winfred Ochieng, had filed a petition challenging Kagwe’s directive to bar unvaccinated Kenyans from accessing basic services such as education, immigration services, hospital and prison visitations, NTSA, and port services among others.


Ochieng told the court that the interval approved by the World Health Organization (WHO) between the first and second jab is eight weeks as opposed to the four weeks suggested by the Ministry through the directives.

“It is an undisputed fact that the interval of only four weeks within which more than 24 million Kenyans are expected to comply with the directive is unrealistic and oppressive,” she said.

The case will be heard on December 20.

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