Nairobi court has ordered the government, through the Ministry of Health, to refund money that was collected from individuals who were forced into mandatory quarantine following the COVID-19 outbreak.
Justice James Makau of the High Court pointed out illegality in the action by the Ministry of Health and as such ordered the refund.
“Decision to quarantine members of the public without an order of the magistrate and forcing them to pay is contrary to the Public Health Act and therefore unconstitutional,” Justice Makau ruled.
The judgment was as a result of a case filed in April 2020 by Activist Okiya Omtata challenging the COVID-19 regulations.
Human rights activist Okiya Omtatah had in April petitioned the government for contravening the Constitution by compelling Kenyans to pay for upkeep while in quarantine.
He maintained that CS for Health issued Legal Notice No. 46 of 3rd April 2020 and Legal Notice Nos. 50, 51, 52, and 53 of 6th April 2020 were done without both public participation and parliamentary approval, being in violation of the constitution.
This came after President Uhuru Kenyatta, said that anyone who does not follow the directives should be taken to a quarantine facility.
“We are saying people who do not respect the set laws and regulations if you are caught breaking the set regulations, I said there is no need of taking that person to the police station, police have other jobs of protecting us,” Uhuru Kenyatta said.
“If they are arrested, they should be taken to the quarantine centre and stay there for 11 days. They break the law again, then they should be added another 11 days because we need to do this to return our country to normalcy,” he added.
The activist said Health Cabinet Secretary Mutahi Kagwe had exceeded his powers to make regulations under the Public Health Act by purporting to create criminal offences and penalties which was the National Assembly’s mandate.
“The threats and violations of the Constitution arise from the government’s irregular and unlawful enactment of laws that border on fascism,” he added.
Francis Luchivya who was forced into quarantine by the health officials who claimed two of his friends tested positive of Covid-19 stayed longer than expected at a hotel in Nairobi.
“The original instruction was we will be placed under forced quarantine for 14 days,” Luchivya said. “On doing the test at quarantine facility two people tested positive, then they used that as a reason to continue to hold us there, saying we are going to hold you for another 14 days because two people tested positive.”
Luchivya paid sh. 185,300 ($1,700) for his quarantine, and was ordered to self-isolate another seven days at home after his release.
By Christabel Airo