KELIN leads discourse on litigating the right to health in Kenya

The Judiciary plays a powerful role in protecting the rights enshrined in the Bill of Rights. Courts in Kenya have served as a critical platform for justice particularly for those that are marginalized and maligned by other arms of government. In this light, public interest litigation has been used as a tool for social change because of its ability to address injustice for whole communities or the society. This tool provides a mechanism to hold governments accountable to their citizens.

At the advent of the Constitution, the Judiciary was already playing its crucial role in relation to Article 43(1) (a) that guarantees the highest attainable standard of health including reproductive health. Cases such as PAO v The Attorney General, L.N and 21 Others v The Ministry of Health and 2 others and KELIN & others v The Cabinet Secretary for the Ministry of Health and Others were the first such cases before our courts and they have been numerous others.

Cognizant of the role litigation can play in ensuring social change and providing for the right to health KELIN conducted a two-day professional capacity building forum for 20 lawyers on litigating on the right to health on 29-30 September 2017.

The forum’s objectives were to contextualize the right to health; interrogate prospects of litigation; and update participants on legal developments. Key topics discussed included: state obligation to advancement of health, comparative analysis and litigation trends, as well as the place of structural interdicts as a supervisory mechanism in Kenya. As a result of this forum the participants committed to working together on upcoming cases particularly those discussed in the course of the forum. Inspired by this forum, KELIN will also be exploring select test cases on health matters largely as part of its core agenda to promote state accountability.

To contribute to the discussions on this forum follow KELIN on our social media platforms:

Twitter: @KELINkenya using hashtag #breakingthebarriers #PIL #Article43(1)(a)

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

For more information contact:

 

Nerima Were

Programme Officer Sexual & Reproductive Health Rights

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road

Tel +254202515790

Email: nwere@kelinkenya.org