Petition 329 of 2014 Challenging the Arrest and Detainment of TB Patients in Prison to Be Heard On 22 July 2015

Nairobi, June 22, Constitutional and Human Rights Division Judge Justice Mumbi Ngugi has directed that Petition 329 of 2014 be heard on 22 July 2015. This was during the mention of the case, which was filed on 13 August, 2010 challenging the arrest and detainment of TB Patients in a Prison in Kapsabet. The Attorney General filed grounds of opposition to the petition dated 16 June 2015. The court further directed the petitioners, who are represented by Allan Maleche of KELIN, to file their response to the grounds of opposition and their submissions in support of the petition by the 3 July 2015.
The case is about Mr. Daniel Ng’etich, Mr. Henry Ng’etich and Mr.Patrick Kipng’etich Kirui who were arrested on 12 August, 2010 for having severally defaulted on their prescribed medical treatment for TB. They were remanded in the police cells with other accused persons. Daniel and Patrick were arraigned before the Principal Magistrate at Kapsabet court. Due to his very poor health condition, Henry was taken to the Kapsabet County Hospital. Mr. Zachariah Maina Bett, a Public Health Officer in Nandi County, swore the affidavit that formed the basis for the magistrate’s order of confinement in prison of Daniel and Patrick for period of eight months. The two were released after serving two months following interventions from civil society organisations.
The matter comes up for hearing on 22 July, 2015 at 9am before court number 2, 3rd Floor Milimani Commercial Courts.
For further information contact:

Allan Achesa Maleche (Executive Director) KELIN and Advocate for the Petitioners.
Tel Cell +254708389870;
Email: amaleche@kelinkenya.org
For Twitter updates: @KELINKenya #Justice2Health
High Court Papers Filed

i. Petition 329 of 2014
ii. Grounds of opposition