This archive report was first published on 12 May 2020.
On May 12, 2020, Health Cabinet Secretary Mutahi Kagwe defended the government's restriction on movement to curb the spread of coronavirus, arguing that lifting the orders will lead to lawlessness and put millions of Kenyans at risk of contracting the virus.
Responding to an application by activist Okiya Omtatah challenging the Covid-19 Restriction of Movement of Persons and Related Measures Rules, Kagwe stated that the measures were necessary to protect the public and prevent the spread of the virus.
According to Kagwe, there is nothing unconstitutional about the measures taken by the government since it is in the public interest to save vulnerable Kenyans from contracting the disease.
Omtatah had challenged the government's decision to restrict movement of people in areas identified as hotspots due to high numbers of Covid-19 positive cases and the manner in which the government was forcing people to quarantine facilities.
However, Kagwe argued that Omtatah's claims are not factual and that they are based on speculations which if the court will agree with will compromise the health of Kenyans.
He added that the rules challenged were taken within the context of necessity to save the public without causing panic and that the law gives him the power to declare any place to be an infected area and issue measures to protect the public.
