The unvaccinated in Kenya will still have time to decide whether to get the "Covid Free Certificate".
The directive issued by the Minister of Health Mutahi Kagwe was rejected yesterday by the High Court of Nairobi with a conservative order that effectively suspends the entry into force of compulsory vaccination for citizens who must access a range of government public services, including transport.
The directive, according to the Minister's plans reiterated two days ago, should have been implemented and observed starting next December 21.
According to it, Kenyans who were not fully vaccinated would not be allowed to enter public offices, and they would be banned from entering airports or train stations. In addition, all drivers of public transport such as buses, matatu, tuk tuk and boda boda would have to be vaccinated in order to continue their work.
In the same directive there was also a proposal to the Government to oblige hotels and tourist activities to host only tourists and customers who were in possession of a certificate of vaccination.
Nothing to do, and it also seems legitimate to postpone this solution not only on the eve of the Christmas vacations, but for a country that has not yet exceeded 12% of adults vaccinated.
So Judge Antony Mrima issued the order in reference to the petition filed by a Kenyan businessman with a certificate of urgency.
Now the process is that the order of the High Court will remain valid until a hearing is convened (unlikely to be before Christmas) and related appeals.
According to the prosecution, "preventing unvaccinated Kenyans from using public transportation is an affront to the right to freedom of movement, as people have the right to travel anywhere in the country without legal inhibition."
In addition, the successful petition states that it is unlawful not to allow thousands of Kenyans who pay taxes to access government services that are funded with their own money.
On a second directive that should also come into force from December 21, no one has presented objections, is the obligation for foreigners and Kenyans to enter or re-enter Kenya with a vaccination certificate of the country from which they come, and can not leave without the same. In the coming days we will know if this obligation will remain valid or is provisionally blocked together with the order of the High Court.