| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| January 23. 2023. | High Court of Kenya | Right to conduct a business | The High Court of Kenya held that commercial banks could again impose charge on transfers from bank accounts to mobile money operators. This charge was suspended during the public health emergency. | Transfers from bank accounts to mobile money operators are subject to additional charges in Kenya, however, the application of this charge was suspended during the public health emergency to favour cashless payment methods due to public health reasons. This measure was extended until the beginning of 2023, when the High Court of Kenya held that the suspended charges could be resumed by the commercial banks in the light of the enhanced public health circumstances. | https://www.covid19litigation.org/news/2023/02/kenya-high-court-orders-resume-charges-transfer-between-bank-accounts-and-mobile-money | ||||
| December 14. 2021. | High Court of Kenya | Vaccination; right to equality; discrimination | The High Court of Kenya suspended the mandatory Covid-19 vaccination order of the Government which required full vaccination for accessing hospitals, schools and a list of other public services. | The High Court of Kenya heard a case concerning the constitutionality of a mandatory vaccination order of the Government. The governmental regulation required full vaccination for citizens to access numerous public services, including hospitals, schools, tax- and immigration services. Moreover, visitors from Europe were also required full vaccination to enter into the country. The High Court agreed with the arguments of the petitioners and considered, that this order meant a severe violation of certain constitutional rights including right to equality and right to human dignity. For this reason, the governmental order was nullified. |
https://www.reuters.com/world/africa/court-halts-implementation-covid-vaccination-requirement-kenya-2021-12-14/; https://www.aljazeera.com/news/2021/12/14/kenyan-court-suspends-mandatory-vaccination-order |
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| December 3. 2021. | No. [2021] KESC 22 (KLR)). | Supreme Court of Kenya | State of emergency; freedom of movement | The Supreme Court of Kenya held that the gradual extension of governmental curfew without the formal declaration of state of emergency was constitutional. | The Supreme Court of Kenya heard an appeal against the ruling of the Nairobi Court of Appeal which upheld the validity of gradually extending governmental curfew without the formal declaration of state of emergency. The applicants considered that such far-reaching restrictions should not be ordered unless state of emergency has been declared. The Supreme Court agreed with the lower court and confirmed the constitutionality of the impugned orders because the extraordinary public health circumstances properly justify the extensive governmental interference | https://www.covid19litigation.org/news/2022/01/kenya-supreme-court-kenya-legitimizes-continuing-government-curfew | |||
| September 3. 2020. | High Court of Kenya | Right of education; freedom to conduct a business | The High Court of Kenya blocked a parental initiative for the reduction of private school fees for the period of online education. | Several parents requesting unanimity turned to the High Court of Kenya and initiated the reduction of private education fees for the periods of online education, The private schools argued that courts should not amend private contracts despite the extraordinary public health challenges. The High Court rejected the initiative of the parents and held that although the importance of the right of education, private contracts should not be amended. | https://www.businessdailyafrica.com/bd/economy/high-court-rejects-bid-to-cap-private-school-fees-2300342 | ||||
