High Court of Kenya set to hear the #UhuruHIVList Case

Who:  KELIN, Children of God Relief Institute (Nyumbani), James Njenga Kamau and Millicent Kipsang (Petitioners) versus Cabinet Secretary (CS) Ministry of Health; National AIDS Control Council (NACC); CS Ministry of Education, Science and Technology; CS Ministry of Interior and Co-ordination of National Government; and Attorney General (Respondents).

What: The High Court in Nairobi will on Tuesday, 17 May, 2016 hear Petition 250 of 2015. The Petition challenges an unconstitutional directive by the President to County Commissioners, directing them 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, information on their guardians, number of expectant mothers who are HIV positive and number of breastfeeding mothers who are HIV positive.

Why: The directive has the potential of increasing the stigmatisation and discrimination of persons living with HIV, and potentially expose PLHIV to human rights violations –  including their right to privacy, confidentiality, against discrimination at home, work and in school.

When: Tuesday 17 May, 2016 at 1100hrs.

Where: High Court of Kenya at Nairobi, Court No. 1 on 3^rd Floor, Milimani Law Courts.

To contribute to the discussions on this forum follow KELIN on our social media platforms: Twitter: @KELINkenya using hashtag #UhuruHIVlist

Facebook: http://www.facebook.com/kelinkenya

For background on the case:  https://www.kelinkenya.org/2015/06/announcement-2/

Court documents

Petition 250 of 2015

Submissions by the petitioner

Submissions by Amicus

Respondent’s replying affidavit

For more information contact:
Allan Maleche

Advocate for the Petitioners and Executive Director

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4^th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870