REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO 78 OF 2020 (CONSOLIDATED WITH PETITION 79 of 2020 LAW SOCIETY OF KENYA vn. _-PETTTIONER. AND. SICILY KARIUKI, (CABINET SECRETARY FOR HEALTH vcore YT RESPONDENT ‘TRANSPORT, INFRASTRUCTURE HOUSING, URBAN DEVELOPMENT AND PUBLIC WORKS. 2)0 RESPONDENT (CABINET SECRETARY FOR INTERIOR AND. COORDINATION OF NATIONAL GOVERNMENT... KENYA AIRPORTS AUTHORITY. ATTORNEY GENERAL... CHINA SOUTHERN CO. AIRLINE LTD .. 3 RESPONDENT 41 RESPONDENT SI RESPONDENT. {Sv INTERESTED PARTY PET79 OF 2020 IN THEMATTER OF ARTICLE 23,10, 22, 28,26, 35,40, 46, 155,158, 1601) 165,23 236 AND. INSTITUTION OF KE! DCHAPTER 6 OF ‘THE CONSTITUTION OF KENYA, 2010 BETWEEN DR. JOSEPH MITHIKA MWENDA MZALENDO .. DR. THIAKUNU CYPRIAN MWIRAMBUA. ‘Versus ISTPETTTIONER 28D PETITIONER, ‘CABINET SECRETARY, HEALTH. .- 1ST RESPONDENT ‘CABINET SECRETARY, INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT. 28 RESPONDENTCABINET SECRETARY, TRANSPORT, INFRASTRUCTURE, HOUSING, URBAN DEVELOPMENT & PUBLIC WORKS. 382 RESPONDENT (CABINET SECRETARY, FOREIGN AFFAIRS 141" RESPONDENT HON. ATTORNEY GENERAL. [501 RESPONDENT KENYA AIRPORTS AUTHORITY. 6°" RESPONDENT. IN COURT ON 28" FEBRUARY, 2020 BEFORE HON MR. JUSTICE J, A MAKAU ‘ORDER UPON READING the Application dated 28" February, 2020 and presented to this, ‘Court on the same day by counsel for the Applicant, AND UPON READING the Affidavit of FLORENCE MUTURI sworr.on the 28 February, 2020 and Affidavit of DR. JOSEPH MITHIKA MWENDA MZALENDO sworn on the 27 February, 2020, the Annexures thereto AND UPON HEARING the Counsels forthe Applicants Ex: parte; IT IS HEREBY ORDERED: |. THAT Petition No. 78/2020 and 79 of 200 be and are hereby consolidate. 2. THAT the lead file shall be Pet 78 of 2000, 3. THAT Pending the hearing and determination of the Application, a Conservatory ‘Order be and is hereby issued suspending the Respondent’s decision to allow resumption of non-essential flights from China to Kenya. 4. THAT Pending the hearing and determination of the Application, a Conservatory ‘order be and is hereby issued in the form ofa structural interdict compelling the Ist Responelent to prepare and present tothe court for scrutiny, a contingency plan on prevention, surveillance, control and response systems to corona virus (COVID 19) ‘outbreak in Kenya, 5. THAT Conservatory Orders be and are hereby issued to prevent the Respondents from letting into the country by air, sea and land any persons from China and or any other World Health Organisation (WHO) designated hot- spot country that is adversely affected by Coronavirus (COVID-19) outbreak, pending the hearing and determination ofthis Application.6 THAT Conservatory Onders be and are hereby issued to prevent the Respondents from letting into the country by air, sea and land any persons from China and or any other World Health Organisation (WHO}designated hot-spot country that is adversely affected by Coronavirus (COVID-19) outbreak, pending the hearing and determination ofthis Petition. 7, THAT an Order compelling be and is hereby issued tothe Respondents to forthwith trace, account, re-examine, confine and quarantine in a KDF facility and ora specially ‘guarded medical facility, all the 239 passengers that they let into the country 239 aboard a Chinese flight CZ 6083, which landed at Jomo Kenyatta International Airport (KIA) on 26% February, 2020 at 7:29 am, until they are duly certified to be free from Coronavirus (COVID-19), pending the hearing and determination ofthis ‘matter. 8. THAT Onder 5 and 6 above shall remain inforce for 10 days from today. 9, THAT the Petition be served upon all the Respondents ancl Interested Parties on oF before 2m! March, 2000 10. THAT Respondents and Interested Party to file their Responses within I day from. the date of service. {IL THAT Mention on 3+ March 2020 for directions and further Orders. GIVEN under my Hand andthe Seal ofthis Honourable Cou this 2% day of Febreay, 200 Dated at Nato tis. 28... day of SSS. SS perry RecisrRaR HIGH COURT OF KENYA. NAIROBI PENALNOTICE Februeny Pa ‘TAKE NOTICE that any party served with this Onder and disobeys the same shall be guilty of Contempt of Court and liable to imprisonment for aterm not exceeding six (6) ‘months or both fine and imprisonment.