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Additionally, the Government declared COVID-19 a “ formidable disease ” under the Public Health Act on April 1, 2020. The Minister of Health duly issued Rules aimed at the control or suppression of COVID-19, in terms of his powers under this Act.
One of the most glaring reasons for this failure was that the Kenyan government simply did not know how to do so. Despite these experiences, Kenya failed take a human rights-based approach to responding to COVID-19, as was also the case in many other countries.
Some scholars have interpreted this to mean that the federal government has the right under the Commerce Clause to regulate all medical licensure. Gupta cites the Dormant Commerce Clause doctrine, a court-invented principle which allows the federal government to strike down state laws deemed excessively burdensome to interstate trade.
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