Court Upholds Mandatory COVID-19 Vaccination For Public Officers

A court in Nairobi has rejected a lawsuit that contested the requirement that public employees receive the COVID-19 vaccination.

Justice James Rika of the Labor and Employment Courts ruled that the Occupational Safety and Health Act of 2007 offers a sound foundation for the Ministry of Health’s order and provides constitutional justification for it.

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

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Additionally, it decided that it is not necessary to issue directives requiring the MoH to look into and publish data every seven days on individuals who received the COVID-19 vaccine but yet caught the disease, as well as information on those who had pre-existing problems and died from the virus.

The petitioners in the case filed a court petition, claiming that the health ministry’s order resulted in a vaccine requirement and violates the freedoms and rights of public servants guaranteed by the constitution.

The court determined that the petitioners had not established a basis for such obligation in its decision.