The information circulating on social platform indicating that failure to wear mask is a criminal offence has been passed and gazetted. According to the information shared shows that the law has been gazzetted and in section 6(1) (b) has eleven regulations on the law. And states that any person found without mask will be fined kshs. 20,000 or face imprisonment 6 month or both.
Lsk petitioned against legal action by ministry of health challenging them that whereas the Rules were Published on 6th of April 2020, the same have not been tabled before the National Assembly within 7 (seven) days and are therefore void upon the expiry of the 7th day. The same were published in the Daily Nation of 1 on April 2020 there four That there is no Gazette Notice published on 6 th of April 2020 at gazette and the Minister is in breach of tile rules requiring easy accessibility of a regulation or law in an intelligible manner that is accessible to the general public. The Petitioner contends that the Regulations are unconstitutional because
Mtaani radio fact check desk spoke with counsel nyakundi obalimo based in dagoretti has said and encouraged dagoretti resident to stop forwarding untrue information without clarification and therefore stated that what is spreading around is not law and cannot convict anyone in a court of law ,the legal notice cannot be applied on criminal procedure . It has no legal effect and is merely academic.
This story was produced by Fridah Okachi at Mtaani newsroom in partnership with Code for Africa’s iLAB data journalism programme, with support from Deutsche Welle Akademie’.’