A Missed Opportunity to Deliver Complete Justice in Petition Challenging Mandatory Quarantine in Kenya

22nd September 2023: The High court of Kenya at Milimani has partially allowed a petition in the case challenging manner in which the mandatory quarantine was implemented following the emergence of COVID-19 disease in Kenya.

In its determination, the court declared that the actions of the Ministry of Interior to hold people who would break curfew in ‘curfew breakers holding places’ or mandatory quarantine which was an unjustifiable limitation of their rights. The court also faulted the Ministry of Health for failing to provide guidelines for the treatment, management and handling of children in quarantine facilities, holding that this was a violation o of the 1st Petitioner’s child’s rights to health and wellbeing. In this regard, the child, PM has been awarded the sum of Ksh 200,000.00/-.

Other orders sought by the Petitioners were disallowed, with the court finding that they had been overtaken by events.

This legal challenge, identified as Petition 151 of 2020, was initiated on 6th May 2020, by seven individuals subjected to mandatory quarantine, along with the support of KELIN and Katiba Institute. The petition aimed to uphold constitutional protections during mandatory quarantine and argued that the government’s approach to quarantine enforcement was unlawful, excessively punitive, violated human rights, and posed public health risks. The petitioners sought urgent court intervention to prevent the unlawful detention of individuals in quarantine and “curfew breakers holding places” for curfew violations while advocating for the preservation of human rights standards in quarantine facilities.

During the proceedings, one interested party supported the petitioners, and the court benefited from two amicus briefs submitted by the International Commission of Jurists and Dr. Margaret Makanyengo Othieno.

The Petitioners welcome this partial determination.

As at the release of this press statement, the full decision is yet to be made public.

PLEASE NOTE: The 1st – 7th Petitioners request that their names and identity should not be disclosed in the media to protect the confidentiality of their health status and personal circumstances. A court order has been granted to this effect and none of them will be available to give interviews.

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