COVID-19: How the Kenyan Law Affects You in these COVID times

In response to COVID-19, Kenya’s Health Cabinet Secretary, Hon. Mutahi Kagwe, published five Rules on April 6, 2020:

  • The Public Health (COVID-19 Restriction of Movement of Persons and other Related Measures) Rules, 2020
  • The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Nairobi Metropolitan Area) Order, 2020
  • The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Kilifi County) Order, 2020
  • The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Mombasa County) Order, 2020
  • The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Kwale County) Order, 2020

How these Rules affect you

  • Your movement is or will be restricted: So far, those in Nairobi Metropolitan Area, Kilifi County, Mombasa County and Kwale County know this. If you are in any of these places, you can’t leave. If you are out  of any of them, you can’t get in. That is  until 2359 HRS on Monday 27 April 2020 for those in Nairobi Metropolitan Area and until 2359 HRS on Wednesday 29 April 2020 for our friends in Kilifi, Kwale and Mombasa counties.
  • Wait, but we need to transport food, cargo and rush the sick: However, if you transport food and farm produce for commercial purposes, then you  are allowed to move without restrictions. You transport lawful cargo? You are also allowed. What about the St. Johns ambulances and their kith and kin? Yes, they can rush a sick person say from Machakos County to Nairobi. Not so fast. There are things like letters to be written and stuff. The Rules say so. At the end of this, you can read the rules in detail.
  • Wear that mask, buddy, even if it is hot out here: You may be driving your car or using a matatu to Kayole or to Rongai. You must wear your mask when doing so. And the mask must cover your mouth and nose. You say, what if I don’t? Your car may be detained in a police station and then you may end up in jail for 6 months or pay Kshs 20,000 or pay that money and be imprisoned nonetheless.
  • Carrying Passengers? Carry half of your licensed capacity:  Passenger rail services, bus services, matatu services, taxicab services and e-hailing services vehicles are prohibited from carrying more than 50% of their licensed capacity.
  • One ‘nduthi’, one passenger please: Motorcycles are required to carry only one passenger or goods.
  • My bike for me and myself: Ride your bicycle, buddy. If anyone wants a ride, remind them that you don’t mean to be mean but the law says so.
  • ‘Tuktuks’, you are affected too but not much: The law says, tricycles may carry goods and not more than one passenger. Tricycles are tuktuks, thanks for asking.
  • What about if I have my own private car? Even if it is your family, don’t carry more than 50% of the car’s licensed capacity.
  • The mask and the one metre rule: Out there, say in a supermarket or jogging? Wear your mask and ensure you observe the one metre rule.
  • We are now talking to organisations, individuals, you may now sit: You own a salon? Or you are public organisation or a stall owner? Get those small plastic jericans with taps and soaps and water or a sanitizer for your clients. Have some kind of writing telling your clients that things are elephant and that they need to be far from each other by at least one metre. And getting some mean-looking or friendly-but-firm assistant to ensure this happens will be great. Finally, you are required to “regularly sanitize” your premises or business location. Isn’t this fumigation?
  • Funerals have been turned upside down: Lost a loved one? My heartfelt condolence. In this COVID times, only 15 will attend the funeral. There will be no funeral committees. No keshas. The social distancing will apply. There will be washing points or sanitizers. Your loved one died of COVID-19? This one is tough, buddy. Burial or cremation within 48 hours from the time of death. In legal jargon: Where a person infected with COVID-19 dies, the body shall be interred or cremated within forty-eight hours from the time of death.
  • And since law is not a suggestion, there is a whip: A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both. Not my words. The Rules say so.

Don’t trust my words, read it here

And since we have all the time in our houses, you may read The Public Health (COVID-19) Restriction of Movement of Persons and other Related Measures) Rules, 2020.

Keep safe. Follow the directives given by the Ministry of Health. We will overcome.

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