Court Orders Gov't to Refund Money Collected from Kenyans Forced in Quarantine

The government has been ordered to refund the money collected from persons who were placed under forced quarantine following the outbreak of Covid-19 in Kenya.

High Court Justice James Makau on Thursday ruled that the Health Ministry violated the Public Health Act by forcing people into mandatory quarantine without a court order. 

“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.

He ordered the government through the Health Ministry to refund in full the money collected from these individuals.

The ruling was made in a case filed by activist Okiya Omtatah in April 2020 challenging some Covid-19 regulations published by the Health Ministry.

Omtatah argued that Health CS Mutahi Kagwe violated the law in issuing Legal Notice No. 46 of 3rd April 2020 and Legal Notice Nos. 50, 51, 52, and 53 of 6th April 2020 without public participation and parliamentary approval.

Kenyans traveling back to the country following the outbreak of the disease were forced to undertake mandatory quarantine in designated government facilities at their own expense.

Those caught flouting Covid-19 regulations were also taken to quarantine facilities at a fee.