A Glimmer of Hope! Judgment scheduled for 16th November 2023 in the Case Challenging State Measures during Mandatory Quarantine

On 14th June 2023, the High Court of Kenya at Nairobi set down 16th November 2023 as the judgment date in the case challenging the manner in which the mandatory quarantine was implemented following the emergence of COVID-19 disease in Kenya.

This date comes after a long wait and numerous delays by the State in complying with directions on filing of responses and submissions.

Seven people who were subject to forced quarantine, KELIN, and Katiba Institute filed Petition 151 of 2020 on May 6, 2020, under a certificate of urgency, to enforce constitutional guarantees during mandatory quarantine.

The Petition argues how the government was enforcing quarantine was unlawful, inappropriately punitive, violated human rights, and created public health risks. The Petitioners seek Court’s urgent intervention to prevent the government from unlawfully detaining people in quarantine and in “curfew breakers holding places” for violating curfew and to ensure that human rights standards are respected and protected in quarantine facilities.

This Petition was opposed by the Attorney General who took the position that the measures by the state were warranted and were intended to save the lives of Kenyans. The State further argued that any action it took was in accordance with the law, and that both the Police Service and the Cabinet Secretary in the Ministry of Health were exercising power within the scope of their respective jurisdictions.

The Petitioners anticipate the Court’s judgement with the expectation that it will ensure the application of human rights principles in the case of a public health emergency.

To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter @katibainstitute and @KELINkenya using the hashtag #QUAROSIPANO / #QuarantineIsNotPunishment

For background on the case:

Communique: Quarantine is not a punishment

For the court documents:

For more information, contact: 

Allan Maleche,

Advocate for the 1st – 8th Petitioners and

Executive Director, KELIN

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

Kuwinda Lane, Karen C, off Langáta Road

Tel +254202515790;

Email: amaleche@kelinkenya.org; litigation@kelinkenya.org