Court dismisses case challenging mandatory Covid-19 vaccination for public officers

Court dismisses case challenging mandatory Covid-19 vaccination for public officers

A Kenyan receiving Covid-19 vaccine.

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A Nairobi court has this morning dismissed a case challenging mandatory Covid-19 vaccination for public officers.

Labor and employment court justice James Rika ruled that the directive by ministry of Health is constitutionally justified, and well-founded in Occupational Safety and Health Act, 2007.

 "By requiring Public Officers to be vaccinated, the Head of Public Service fulfilled an obligation imposed on Employers by the Act," the court ruled

Further, it ruled that orders sought to compel MoH to investigate and publish data every 7 days, on persons who have been vaccinated and still contracted Covid-19, and publication of data on those with pre-existing conditions who died from Covid-19, are not necessary. 

The petitioners in the case moved to court arguing that the directive by ministry of health results in vaccination mandate, and is in violation of the constitutional rights and freedoms of Public Officers.

In its ruling, the court said that the Petitioners have not laid a basis for such compulsion. 


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