Marura Maternity Hospital Applies to Enjoin Price Water House Coopers and OBA-RH onto Petition Challenging Forced & Coerced Sterilisation of a Woman Living with HIV

sterilization

The proceedings of the forced and coerced sterilisation case

Nairobi, July 10. Constitutional and Human Rights Division Judge Justice, Isaac Lenaola, has directed that an application filed by Marura Maternity Hospital, seeking leave to enjoin Pricewater House Coopers and OBA-RH as interested parties, be heard on the 29 of July 2015 before Judge Mumbi Ngugi. The court further directed that an application for leave to amend the petition, filed by KELIN on behalf of the petitioners and an application filed by the Secretariat of the Joint United Nations Programme on HIV/AIDS (the “UNAIDS Secretariat”), seeking to be granted leave to be enjoined as an Amicus Curiae heard on the 29th of July 2015. This was during the mention of Petition 606 of 2015 that was filed on 10 December, 2014 challenging the forced and coerced sterilization of one women living with HIV.

Messer’s Kaplan and Stratton Advocates, who are representing Price Water House Coopers and OBA-RH, have opposed the application to have them enjoined onto the case as interested parties. The application by KELIN to amend the petition seeks to introduce new prayers, introduce new facts and developments in law on the area. The application by the UNAIDS Secretariat seeks to have them enjoined as a friend of the court to respectfully ensure that this court is fully apprised of the international perspectives relating to these issues. These include international standards, policies and recommendations regarding access to HIV and reproductive health services for women living with HIV, including to reduce the risk of mother to child transmission of HIV.

 

PLEASE NOTE: The applicants request that their names and identity should not be disclosed in the media to protect them from further disclosure of their HIV-status.
Petitioner’s court documents,
i. Petition 606 of 2015

 

For more information contact:
Allan Achesa Maleche (Executive Director) KELIN and Advocate for the Petitioners. Mombasa Road, Somak building 4th floor
P.O Box 112-00200, KNH
Tel +254202515790; Cell +254708389870; Email: amaleche@kelinkenya.org
For Twitter updates: @KELINkenya #Justice2Health
For background on the case: https://kelinkenya.org/2014/12/announcement/