LSK sues state over Russian Covid vaccine ban and new lockdown

Law Society of Kenya President Nelson Havi during an interview at LSK offices on March 2, 2020. PHOTO | DIANA NGILA | NAIROBI

The Law Society of Kenya (LSK) has sued the government for banning the import, distribution and administration of Covid-19 vaccines by the private sector.

Through its president Nelson Havi, the lawyer lobby wants the court to declare the government’s decision unconstitutional and stop its implementation and execution.

In the event that he wants urgent certification, Mr Havi said the ban and revocation of licenses issued to importers and distributors of the vaccine should not have been done when the government set its goal of immunizing d ‘by January 2022 to 30% of the population.

He says the ban, which was imposed after a section of Kenyans led by Vice President William Ruto began turning to Russian vaccine Sputnik, violates article 43 of the Constitution which guarantees the right to best possible health. This includes the right to health services and the prohibition against refusing emergency medical treatment.

LSK is also challenging the series of Covid-19 mitigation measures imposed by President Uhuru Kenyatta, including the lockdown and halting of travel in five counties and the night-time curfew at dawn.

According to Mr. Havi, the presidential public order of March 26, 2021 is not based on any provision of the law, so it is illegal.

Mr Havi argues that traffic restricting rules are statutory instruments that cannot be enforced as law by arresting and prosecuting offenders in a Kenyan court without prior public participation and parliamentary approval. .

“The same cannot be used to limit freedom of movement, the right to enter, stay and reside anywhere in Kenya and the right to assemble, protest, picket or petition and a such limitation is unconstitutional, ”Mr. Havi said.

He argues that Mr. Kenyatta, together with the Cabinet Secretaries of Home and Health (CS), have limited the rights and fundamental freedoms in the Bill of Rights.

The president and the two CSs erred in publishing and implementing decisions that require legislation and parliamentary approval to fight Covid-19.