The Law Society of Kenya (LSK) has moved to court seeking orders to quash a directive issued by the Ministry of Health banning private importation and distribution of Covid-19 vaccines.
In its petition, LSK terms the order issued by Health Cabinet Secretary Mutahi Kagwe as unlawful.
“The banning of the importation of vaccines is challenged because such a decision cannot be made when the vaccination capacity of the government is 30 per cent of the population of Kenya,” reads court documents.
CS Kagwe had last Friday said that the vaccines including the Russian-manufactured Sputnik V vaccine that had already been imported into the country will no longer be sold locally until the state is confident in the transparency and accountability of the process.
“The government is effective today closing the window of private sector importation, distribution and administration of vaccines until such a time when it is confident that there is greater transparency and accountability in the entire process,” CS Kagwe said.
LSK led by its President Nelson Havi wants the court to bar the implementation and enforcement of the directive.
The society also wants the court to issue orders suspending the decision to cancel licences of entities that were importing and administering the Sputnik V vaccine to the public.
Sputnik-V Covid-19 vaccine arrived in Kenya on March 25, weeks after the arrival of Oxford AstraZeneca vaccine, which the state is offering free of charge.
Deputy President William Ruto is among a number of Kenyans who had already received their first dose of the vaccine.
Besides the ban, LSK also wants the court to lift the rules on a lockdown imposed on five counties (Nairobi, Kajiado, Kiambu, Nakuru and Machakos) on March 26.
“The public order made by the president on March 26 is impugned on the grounds that the same is not founded upon any provision of law, is unlawful, unconstitutional is inconsistent which violates and contravenes the constitutions of Kenya,” Havi argues.