On 30 April 2018, the High Court in Nairobi heard the testimony of the first witness in a case challenging the forced and coerced tubal ligation of women living with HIV. G.W.K, the third petitioner and a woman living with HIV told the Court the circumstances that led to her sterilization without her informed consent.
G.W.K told Justice E.C Mwita that she was forcefully sterilized by way of tubal ligation at Pumwani Maternity Hospital in Nairobi while undergoing a caesarean operation during the delivery of her third child without her informed consent. She informed the court that she believes the primary reason for her sterilization was because of her HIV+ status. On cross-examination by the advocate for Medecins San Frontiers (MSF) – France, she informed the court that the nutritionist at MSF needed proof of sterilization before providing formula milk for her baby.
She also told the court that the nurses at Pumwani Maternity Hospital neither provided her with adequate information on family planning nor gave her an opportunity to choose a family planning method. She further told the court that the nurses and doctors did not give her information on tubal ligation that would have enabled her make an informed decision.
At the end of her two-hour-long testimony GWK said, ‘I am relieved to have finally shared my evidence in court. It was not an easy experience being subjected to tough questions from the lawyers from the other side but I’m glad the judge has listened to what I have to say about my unfortunate experience. It is my hope that this will never happen to another woman in Kenya or elsewhere.’
The petition, filed on 10 December 2014 by four women, challenges their forced and coerced sterilization on grounds that their fundamental rights including right to sexual and reproductive health and freedom from discrimination was violated.
The case shall continue on 25 and 26 September 2018 when more witnesses shall give their evidence.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #Justice2Health
To read court documents see here;
Petition and supporting affidavits
- PETITION No. 605 of 2014
- Affidavits in support of the Petition
- 1st Respondent Affidavit
- Affidavit in support of 1st respondent
- Beatrice Runo affidavit
For more information contact:
Allan Maleche,
Advocate for the Petitioner’s and
Executive Director, KELIN
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
Tel +254202515790; Cell +254708389870;
Email: amaleche@kelinkenya.org
Or
African Gender and Media Initiative
3rd Ngong Avenue, Upper Hill Gardens, Apt #E-06
Telephone: 020-2113093/4
P.O. Box 50429-00200 Nairobi
Website: www.gem.or.ke
Twitter: @GEM_Africa
Facebook: African Gender and Media Initiative Trust
