The High Court on Thursday declined to summon Health Cabinet Secretary Mutahi Kagwe to appear in court to explain measures undertaken by the government to control the coronavirus pandemic.

Law Society of Kenya, two doctors and two NGOs wanted the Health CS summoned for failing to file a report on a contingency plan on prevention, surveillance, and control and response systems to corona virus (COVID19) outbreak in Kenya.

Justice Weldon Korir, however, ruled that he did not find it reasonable to summon the CS especially now when the country is at war with the disease.

“We must all appreciate we are now at war, the man leading Kenyans to fight this is the President closely supported by Health Cabinet Secretary. I do not find it reasonable to call a soldier at the war front to come to court,” he said.

Justice James Makau had on February 28 issued orders compelling Health CS to prepare and present to court for scrutiny a report on compliance of coronavirus prevention and control.