The High Court of Kenya is set to deliver a landmark judgment on 16th December 2022 in Petition 606 of 2014, a case where a woman living with HIV has challenged her forced sterilization.
This case was filed on 10th December 2014, and oral arguments concluded on 2nd November 2021. The Petitioners through their arguments have argued that where a bilateral tubal ligation is conducted without informed consent, it amounts to a violation of a women’s rights to be free from violence, to health, to dignity, to life and to be free from discrimination. In this case, the Petitioners also asked the Court to find that the state through the Nairobi County Government as well as the Ministry of Health had violated their statutory and constitutional obligations to act with due diligence to ensure women living with HIV are able to access reproductive health services in a manner that respects their dignity and autonomy.
This case is the first of its kind in Kenya, and the Petitioners hope that the court will make a finding that vindicates the rights of women living with HIV to have their rights respected and protected.
PLEASE NOTE: The petitioner requests that her name and identity should not be disclosed in the media to protect them from further stigma and discrimination on the basis of their HIV status. She is therefore not available to give interviews.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using the hashtag #Justice2Health.
Petitioners’ submissions and supplementary submissions
1st Interested Party’s submissions
3rd and 4th Respondents’ submissions.
For more information:
Allan Maleche and Nyokabi Njogu
Advocates for the Petitioners
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
Po Box 112 – 00202 KNH
0790111578
NAIROBI
Email: amaleche@kelinkenya.org; litigation@kelinkenya.org
NAIROBI
