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LSK Challenges the Ban on Private importation of Covid-19 vaccines

The Law Society of Kenya has filed a petition challenging the decision by the government to ban the importation of Covid-19 vaccines by the private sector.

Kenya last week ordered an immediate suspension of private importation of coronavirus vaccines, citing fears that otherwise counterfeit inoculations may get into the East African country.

Through their President Nelson Havi, the society wants the court to stop implementation and enforcement of the decision made by Ministry of Health Cabinet Secretary Mutahi Kagwe last week banning the importation of the vaccines.

The LSK in its petition further argues that the decision by Kagwe to ban private sector importation and distribution of vaccines is unlawful.

“A decision of such a magnitude is unlawful because the government’s capacity to vaccinate its citizens is only 30 per cent of the population of Kenya,” reads court documents.

In the petition LSK also seeks to overturn the decision by the government to suspend the decision to cancel the licenses of the entities who were importing and administering the vaccine to the public.

The LSK in its petition also wants the cessation of movement within the five Counties issued by President Uhuru Kenyatta on March 26   to be revised arguing that the order is illegal.

“The public order is not founded upon any provision of law, is unlawful, unconstitutional is inconsistent which violates and contravenes the constitutions of Kenya,” the petition read in part.

“To ensure the transparency and accountability in the vaccination process, and to protect the integrity of the country, the government is effective today closing the window of private sector importation, distribution and administration of vaccines, until such a time there is greater transparency and accountability in the entire process,” Kenya’s National Emergency Response Committee on coronavirus had read in part.

By Alice Gworo

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