Kenya’s Labor and employment court Labor dismisses Case Challenging Mandatory Covid-19 Vaccination Order

By Samuel Ouma

Kenya’s Labor and employment court, on Monday, October 3, 2022, dismissed a case challenging mandatory Covid-19 vaccination for all public servants.

James Rika, the court’s judge, ruled that the Occupational Safety and Health Act of 2007 and the Constitution both support the ministry of health’s directive.

“By requiring Public Officers to be vaccinated, the Head of Public Service fulfilled an obligation imposed on Employers by the Act,” said Judge Rika.

In 2021, Kenya’s head of Public Service, Joseph Kinyua, ordered all public officers to get the Covid-19 jab or face disciplinary action.

Kinyua had given the servants until August 23, 2021, to get vaccinated against the virus. The decision to vaccinate government employees was made on the advice of the National Security Advisory Committee (NSAC).

According to Kinyua, some workers had deliberately refused to take the jab to continue boycotting work in the pretext of working from home.

“In a recent NSAC meeting, it was reported that there was a low uptake of Covid-19 vaccines among public servants, especially the security sector, teachers, and the core civil service. This is against a background of access to vaccines having greatly improved, especially among these groups,” said Kinyua.

 

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