Final directions have been given with respect to the hearing of Winfred Clarkson Otieno Ochieng & 13 Others v The Cabinet Secretary, Ministry of Health & 9 others Constitutional Petition No E500 of 2021 (consolidated with Petition Nos E505 of 2021, E518 of 2021, E520 of 2021 and E27 of 2021), with hearing now set for 5th May 2023in Nairobi at the Milimani Law Courts.
These cases challenge the directives of the Cabinet Secretary, Ministry of Health which were issued on 21st November 2021 in Brief No 605A which required every person seeking in person government services be fully vaccinated and provide proof of vaccination. In addition, the directives required all persons to provide proof of vaccination to access public transport, and in public spaces such as national parks, hotels, bars and restaurants.
KELIN was admitted by the Court as an Amicus Curiae (Friend of the Court) on 17th March 2022, after noting that it has the requisite expertise to provide information on a rights based approach to the COVID-19 pandemic. The Court also acknowledged the novelty of the issue of vaccination mandates, and noted that the interests of justice and the need to develop progressive jurisprudence tilted in favour of allowing KELIN to participate in the consolidated petitions. KELIN has drawn from its expertise on health-related human rights and related socio-economic rights during the COVID-19 pandemic and provided information to the court on the responses to public health emergencies/pandemics. This will assist the court in the determination of issues raised in the Petitions.
While giving directions Justice Thande also allowed the parties to file any additional pleadings they may wish to, provided that this is done by 29th March 2023. We look forward to returning to court on 5th May 2023 and ventilating the issues raised in the consolidated petitions.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using the hashtag #Justice2Health.
For more information:
Nyokabi Njogu,
Advocate for the Amicus Curiae
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
Po Box 112 – 00202 KNH
NAIROBI
Email: litigation@kelinkenya.org
NAIROBI
