The High Court on Thursday ordered the government to pay back people forced to go into quarantine in isolation centres.
According to Justice James Makau, the state erred by forcing people into quarantine without obtaining an order from a magistrate’s court as required by law.
Justice Makau also noted that the state contravened the Public Health Act.
Activist Okiya Omtatah argued that Section 27 of the Public Health Act provided that the state shall foot the bills of the confined persons.
“There is no power under Section 27 for the government to require persons whom it believes are not accommodated in such a manner as is adequate to guard against the spread of the disease to meet some or any of the costs of providing the required adequate accommodation,” said Omtatah.
The judge also ruled that the ministry of health violated the rights of the persons forced into quarantine.
In April, Omtatah also argued that Health CS Mutahi Kagwe exceeded his powers to make regulations under Section 36 of the PHA by purporting to create criminal offenses and penalties which is the preserve of Parliament.