In a petition before High Court Judge, Justice Mumbi Ngugi, Kenya Legal and Ethical Issues Network on HIV (KELIN) and Africa Gender and Media Initiative Trust (GEM), together with the five women living with HIV, are seeking determination on the constitutionality and legality of forced and coerced sterilization. The petition was filed on 9 December, 2014
The five women were forced and/or coerced into sterilization in various health facilities in Nairobi County through a procedure known as bilateral tubal ligation, under different circumstances as follows:
1. Threats to withhold food portions and/or baby formula milk;
2. Inducement with the promise to pay medical and maternity fees;
3. Lack of provision of essential information to enable the women make informed decisions; and
4. Lack of provision of choices of other forms of family planning methods for the women.
The procedures took place at Pumwani Maternity Hospital, Marie Stopes – East Leigh Clinic and Marura Maternity and Nursing Home.
If her application seeking to be enjoined is allowed, Prof. Yamin will provide the Court with information regarding:
• The issue of intersecting forms of discrimination against women and people living with HIV with respect to the provision of health care services
• Principles of health and human rights in international agreements to which Kenya is a party
• Interpretations of rights, and reasoning with respect to the ensuing obligations of states
• The role of judicial review in deciding matters related to health and human rights
The cases raise weighty constitutional issues touching on the right to life, equality and freedom from non-discrimination, the right to human dignity, freedom and security of the person, right to privacy, and the law of informed consent in medical practice, among others.
In the same petition, other parties including the International Community of Women Living with HIV- Global Chapter (ICW Global) and the International Community of Women Living with HIV – Kenya Chapter (ICW-Kenya) filed applications seeking to be enjoined as interested parties.
ICW- Global seeks, if enjoined to provide information on experiences of women living with HIV around the world; the lived experiences of stigma, discriminatory practices and human rights abuses rising from forced and coerced sterilization and on the impacts of forced and coerced sterilization on the lives of women living with HIV.
