Court Update on Challenges to Mandatory Vaccination Directives

On 31st January 2024, the Court provided additional directions in 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). The parties are now scheduled to reconvene on 18th March 2024 to determine a final hearing date.

To streamline proceedings, the Court merged the petitions, allowing for a more efficient process. The Court has directed that the Petitioners serve their amended petition by 15th February 2024, with the respondents putting in their responses by 1st March 2024. The parties will then return to court on 18th March 2024 for directions on hearing.

These cases challenge the Ministry of Health’s directives issued on 21st November 2021, mandating full vaccination for in-person government services, public transport access, and entry to public spaces. KELIN, admitted as an Amicus Curiae, contributes its expertise to the court’s understanding of a rights-based approach to COVID-19, emphasizing the need for progressive jurisprudence.

KELIN looks forward to returning to court on 18th March 2024 to receive further directions with a view to advancing jurisprudence on a human rights-based approach to the management of pandemics.

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