The High Court has temporarily suspended flights from China after the Law Society of Kenya moved to Court.While granting the orders Judge said that the matter is of great public interest.
Also granted in the LSK file is an order compelling Health Cabinet secretary Sicily Kariuki to prepare and present to court for scrutiny a contingency plan on prevention, surveillance, control and response system to the coronavirus outbreak in Kenya.
LSK had sought orders to suspend the decision by the Government to allow flights from China to Kenya due to the Corona virus outbreak.Dr. Joseph Mzalendo and Dr. Thiakunu Mwirabua also wanted the Court to issue an injunction stopping the Government from allowing Chinese Nationals to enter into the Country either by Air,Land and Sea.
The two ,through lawyer Henry Kurauka had said the Government’s decision to allow flights from China have caused great anxiety ,mental anguish and trauma to Kenyans.
In his affidavit ,Dr Mzalendo says that the Government should have consulted medical professionals prior to making serious decisions that are likely to infringe on the constitutional rights of citizens .
The doctors also wanted entry of nationals from any other World Health Organisation designated hot spot Countries that are adversely affected by the Corona virus outbreak ,restricted until a case they have filed is heard and determined.
The doctors said that on 26th February, the State made a reckless and unconstitutional decision to allow 239 passengers aboard a Chinese plane to land into the Country in Contravention of Global Travel restrictions and the Constitution which guarantees citizens the right to life, health and safety.
The two further said the Government has not put any serious tracking mechanism for primary contact people for close monitoring after exit from the Airport.
They insist that Kenya has no capacity to contain the outbreak of the virus and the best remedy would be to place strict measures restricting entry into the Country.
LSK in their suit add that that the World is in a global health crisis because of the outbreak of the virus .
“It is judicially noticeable that other airlines across the world have similarly suspended flights to China in order to contain the virus,”the argue.
The LSK in their petition sued Cabinet Secretary for Health Cecily Kariuki, Interior Cabinet Secretary Dr. Fred Matiang’i, the Kenya Airports Authority,China Southern airlines and the Attorney General over coronavirus spread
“Pending the hearing and determination of the application a conservatory order be issued suspending the respondent’s decision to allow the China Southern Co. Airlines Ltd resumption of non-essential flights from China to Kenya,” reads the papers.An activist has also sued a similar petition
The lawyers further wanted the court to order the respondents to prepare and present to the court for scrutiny, a contingency plan on prevention, surveillance, control and response systems to Corona Virus in the country.
They had also argue that the CS for health failed to disseminate to the public information on risks, protection measure , signs and symptoms , responses or health facilities to report cases of infections to adding that there no hotline for the public to seek or supply information to the government on the epidemic.