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BY KORIR JUMA, NAIROBI 3RD DEC,2020-High court in Nairobi has ordered the government to refund money to all Kenyans who were illegally forced into quarantine due to the Covid-19 pandemic.
The court says decision was unlawful.
Justice Makau of the High Court pointed out illegality in the action by the Ministry of Health and as such ordered the refund.
“Decision to quarantine members of the public without an order of the magistrate and forcing them to pay is contrary to the Public Health Act and therefore unconstitutional,” Justice Makau ruled.
The judge emphasised that the Government should refund in full the money collected from the persons.
The judgment was as a result of a case filed in April 2020 by Activist Okiya Omtata challenging the COVID-19 regulations.
He maintained that CS for Health issued Legal Notice No. 46 of 3rd April, 2020 and Legal Notice Nos. 50, 51, 52, and 53 of 6th April 2020 were done without both public participation and parliamentary approval, being in violation of the constitution.