Tourists from Denmark during a tour of Lake Naivasha. [File, Standard]
The High Court has blocked the government from demanding insurance cover from tourists visiting Kenya.
Justice Francis Rayola issued the orders in a case filed by Edow Mohammed and Zhulekha Edin, who argued that the decision by the Ministry of Health was a contradiction of that of the Ministry of Interior, which granted tourists an easy entry into the country.
“The notice of motion Application is allowed in terms of prayer two pending inter parties of the said application,” ruled Justice Rayola.
The two argued that in effect, the Aden Duale-led ministry was usurping the powers of the Kipchumba Murkomen-led one to determine who enters the country or not.
“The directive is ostensibly ultra vires as the 3rd Respondent is purporting to direct the second respondent on the function of foreign nationals’ management, which is a preserve of the first and second respondents only to the exclusion of the third and fourth respondents under the Kenya Citizenship and Immigration Act,” their lawyer Charles Madowo argued.
He insisted that there is no proper mechanism put in place to handle the mandatory health insurance for inbound travellers.