A high court in Nairobi has declared the government directive to quarantine members of the public in various facilities without a court and forcing them to pay for their upkeep unconstitutional.

Justice James Makau ruled that the action contravenes section 27 of the Public Health Act.

The ruling came after activist Okiya Omutatah filed a case in April 2020, challenging the MoH COVID-19 regulations.

The activist had argued that Health CS Mutahi Kagwe issued three Legal Notices which were done without both public participation and parliamentary approval.

He also sought an order directing that the government refunds in full the money each and every person who was quarantined was forced to pay.

However, the court declined to grant the request, saying it was not particularized and proved.

“The order was not specifically pleaded and strictly proved and the County Governments who are required or make payments were not joined as parties,” the judgment read.

ALSO READ: Court dismisses application challenging order to stop Sonko’s impeachment