The President issued the directive to all County Commissioners, to work with County Directors of Education and Medical Services, to collect up-to-date data, and prepare a report on:
- All school-going children who are HIV-positive and information on their guardians;
- Number of expectant mothers who are HIV-positive; and,
- Number of breastfeeding mothers who are HIV-positive.
The hearing date was fixed following the mention of the case on 16 February 2016 before Justice Isaac Lenaola. Justice Lenaola further directed the parties to file their arguments in support or against the petition within 45 days.
The Petition challenges the constitutionality of the Presidential directive. It is likely to pose a threat to the realisation and enjoyment of the constitutional right to health. It might also impact negatively on the gains made in the promotion and protection of the rights of PLHIV in Kenya.
At end of the mention, Mr. James Kamau, the 3rd petitioner in the case said,
“I’m glad the court has set this case for hearing. I expect all parties will comply with the direction of the court to ensure that the matter is expeditiously heard for the sake of the persons living with and affected by HIV”.
The matter will be heard on 17 May, 2016 at 11:30 am before Justice Isaac Lenaola.
For more information contact:
Allan Maleche
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870
Twitter Handle: @KELINKenya #UhuruHIVlist
Nairobi.
