[2020] KEHC 6705 (KLR)
The court found that while the petitioners have a constitutional right to freedom of worship, this right must be balanced against the public interest in controlling the spread of Covid-19. The court granted interim orders permitting alternative forms of worship, such as broadcasting church services, provided that...
Source-derived case information.
- Citation
- [2020] KEHC 6705 (KLR)
- Parties
- Applicant: Don Mutugi Manjau; Applicant: Joan Miriti; Applicant: Alex Gichunge; Respondent: Attorney General; Respondent: Cabinet Secretary for Interior & Coordination; Respondent: Cabinet Secretary for Health; Respondent: Inspector General of Police; Respondent: Cabinet Secretary for Information & Technology
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 131 (Covid 128) of 2020
- Procedural Posture
- Constitutional Petition / Interlocutory Application (ex Parte Orders)
- Outcome
- Interim orders granted ex parte, subject to compliance with government Covid-19 directives.
- Legal Topics
- Freedom of Worship, Covid 19 Regulations, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Don Mutugi Manjau
Applicant
Joan Miriti
Applicant
Alex Gichunge
Applicant
Attorney General
Respondent
Cabinet Secretary for Interior & Coordination
Respondent
Cabinet Secretary for Health
Respondent
Inspector General of Police
Respondent
Cabinet Secretary for Information & Technology
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application (ex Parte Orders)
Legal Issues
- 1 Whether the petitioners are entitled to interim orders permitting alternative forms of worship during the Covid-19 pandemic.
- 2 Whether government directives on public gatherings infringe on the petitioners' constitutional rights to worship.
- 3 Whether the court should issue guidelines or direct the respondents to issue guidelines for safe worship practices during the pandemic.
Ratio Decidendi
The court found that while the petitioners have a constitutional right to freedom of worship, this right must be balanced against the public interest in controlling the spread of Covid-19. The court granted interim orders permitting alternative forms of worship, such as broadcasting church services, provided that such activities do not breach existing government directives or regulations. The court emphasized that the order does not permit physical gatherings or any conduct contrary to the Covid-19 regulations. The respondents were directed to be served and to respond within seven days, and the matter was set for mention to confirm compliance.
Court Disposition
Interim orders granted ex parte, subject to compliance with government Covid-19 directives.
Orders
- Alternative forms of worship such as broadcasting church services may proceed through online or social media or any other accessible platform, provided there is no breach of government directives or regulations.
- Respondents to be served with this court order and to file their responses within 7 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CONSTITUTIONAL & HUMAN RIGHST DIVISION
PETITION 131 (COVID 128) OF 2020
DON MUTUGI MANJAU………...............……………………….1ST PETITIONER/APPLICANT
JOAN MIRITI……………..............……………………………....2ND PETITIONER/APPLICANT
ALEX GICHUNGE……….............……………………………….3RD PETITIONER/APPLICANT
VERSUS
ATTORNEY GENERAL…………..................………………………….................1ST RESPONDENT
CABINET SECREATRY FOR INTERIOR & CORDINATION.......................2ND RESPONDENT
CABINET SECRETARY FOR HEALTH............................................................3RD RESPONDENT
INSPECTOR GENERAL OF POLICE.................................................................4TH RESPONDENT
CABINET SECRETARY FOR INFORMATION &TECHNOLOGY…..........5TH RESPONDENT
IN CHAMBERS ON 23RD APRlL2020
BEFORE HON. MR. JUSTICE J. A MAKAU
ORDER
FOR ORDERS THAT: -
1. THAT this Application be certified urgent; service be dispensed with and it be heard ex-parte in the first instance due to its urgency.
2. THAT pending the hearing and determination of this Application the courts be pleased to order that the alternative forms of worship such as broadcasting of church service be allowed on specific days to allow the various churches to broadcast to their faithful congregants without victimization and harassment of the broadcasting crew, church elders and leaders and congregants who will be part of the church service, by the 2nd and 3rd Respondents or their agents and representatives.
3. THAT pending the hearing and determination of this Application the court be pleased to order the 2nd & 3rd Respondent give directives on social distance conditions that the church elders, representatives as well as leaders must observe to curb the spread of the pandemic.
4. THAT pending the hearing and the determination of this Application, Churches be allowed to resume, with the Respondents issuing guidelines and directives that the Church community should adhere to, to curb the spread of the Covid 19.
5. Any other orders that the court deems just and expedient in the interest of Justice.
This matter coming up before Hon. Mr. Justice J. A. Makau in chambers Electronically under certificate of Urgency on the Application dated 8th April 2020 brought Under Article 53 of the Constitution, Order 51 of the Civil Procedure Rules Cap 21 Laws of Kenya and all other enabling provisions of the law, UPON READING the application and the supporting affidavit AND UPON HEARING counsel for the Applicant electronically in the absence of the respondents, it is hereby ordered as follows: -
1. THAT pending the hearing and determination of the application interpartes I direct alternative forms of worship such as broadcasting the church service without breach of the government directives or regulations currently in force do proceed through online or social media or any other form of social platform the petitioner may access.
This order should not in any way be taken as allowing the petitioners or any party to hold church gatherings or act contrary to the directives or regulations given currently by the government.
2. THAT the respondents be served with this court order and to file their responses within 7 days from today
3 THAT matter be mentioned on 5th May 2020 to confirm compliance and for further orders.
Given under my Hand and the Seal of this Court this 23rd Day of April 2020.
Issued at Nairobi on this 24th Day of April 2020.
Deputy Registrar
Judicial Review & Human Rights Division