Attorney General wants labour court to hear jab case against State

Lawyer Clement Koigi (Left) and Law Society of Kenya Council member Kipkoech Ngetich in Nakuru on August 19, 2021. Clement has filed a petition seeking orders to quash the directive by Head of Public Service Joseph Kinyua to have all civil servants vaccinated against Covid-19. [Daniel Chege, Standard]

The Attorney General wants a case challenging a government directive making vaccination against Covid-19 mandatory for civil servants be heard by the Employment and Labour Relations Court.

The AG's office, through Winnie Cheruiyot, argued on Wednesday that lawyer Clement Koigi's case is a dispute between the employer and employee.

The government argued that the communication by the Head of Public Service Joseph Kinyua, dated August 5, targeted only public servants and not any other citizen.

The AG warned that should the court make a decision on the petition, it would set a precedent on how employees will be treated henceforth as far as the pandemic is concerned.

Koigi, through his lawyer Kipkoech Ng’etich, argues that the directive infringes on public officers’ right to privacy.

He has sued Kinyua, the Public Service Commission and the Ministry of Health, claiming the directive is not based on law.

“Additionally, the decision was made unilaterally by the Head of Public Service without any public participation, which is in violation of the national values and principles of governance, as enshrined in Article 10 of the Constitution,” he argues.

He wants the court to suspend the directive.

Kinyua had directed that those who will not be vaccinated will not be allowed to work and will have their salary stopped.