Richard Ong'ola prays in an empty ACK Holy Trinity Church in Kibera,
Nairobi County, on March 29, 2020 following a government order against
gatherings to prevent spread of the coronavirus. PHOTO | EVANS HABIL |
NATION MEDIA GROUP
The High Court has certified as urgent a
case in which three pastors want the ban on congregating lifted with
measures put in place to stop the spread of the coronavirus.
Justice
James Makau issued the directive on Friday after Pastors Don Mutugi
Majau, Joan Miriti and Alex Gichunge sued the Interior, Health and ICT
Cabinet Secretaries, the Attorney-General together and the
Inspector-General of Police.
Justice
Makau set the hearing for April 16 and ordered the pastors to give
copies of the case documents to the sued parties before close of
business on April 14.
ARGUMENTS
In
the suit, the pastors acknowledge measures put in place by the
government to stop the spread but argue that as the pandemic worsens,
Kenyans will look to churches for solace.
They
are protesting the directive against social gatherings that saw closure
of churches, saying it was reached without consultations with relevant
stakeholders.
They also say the State imposed the curfew and the restriction on gatherings without consulting the church.
Had
consultations taken place, the petitioners say, the public would have
been sufficiently educated on social distancing and proper hygiene,
peace and unity would have been promoted and food drives would have been
held for the sake of the less fortunate.
“The
petitioners [and] other believers are in no way approaching this court
in efforts to spread the coronavirus. Their sole wish is to congregate
whilst adhering to the directive issued,” said their lawyer John Swaka.
He
added, "The church's role in such times is to give hope amid the crisis
not only in this country but also in the world at large. They humbly
seek the intervention of the court since their rights and freedoms are
being infringed.”
ESSENTIAL SERVICE
The
pastors further note that judges, doctors and journalists are risking
their lives to serve Kenyans and that pastors should be added to the
list of essential service providers.
While
admitting that religious activities cannot continue as usual, the trio
said clergymen, as essential service providers, cannot remain locked up
yet they are required to serve the people and rally the nation, on their
knees, in the fight against the deadly disease.
The
religious leaders note that their services can go on with those in
attendance wearing masks and gloves and using hand sanitisers.
They
want churches allowed to conduct services with leaders compelled to
ensure members adhere to guidelines for curbing spread of the virus.
The alternative, they say, is for the government to allow the broadcasting of services on specific days.
The case will be mentioned on April 16.
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