“It has been four years since we filed this case and I feel relieved that I have finally had a chance to tell my story to the court with a hope that justice will be done. I am committed to walking through this long journey until I get justice.”
These were the reflections of L.A.W a woman living with HIV who has brought forth a case challenging her unlawful sterilization by way of tubal ligation, which was finally heard on 18 December 2017.
L.A.W, the Petitioner in this case testified before Justice E.C Mwita on the circumstances that led to her forced and coerced sterilization by way of tubal ligation. She narrated to the court how she was subjected to tubal ligation without her informed consent and only found out four years after the procedure had been carried out. She further told the court the consequences that she had faced which included violence from her spouse based on her inability to give birth to more children. She produced medical records as evidence to prove that she was indeed sterilized.
One of the primary things she seeks from the court, after the case is heard, is for the court to order the Minister of Health together with the Attorney General to put in place guidelines and policy measures on sterilization and informed consent. The case is expected to continue on 6 March 2018 when L.A.W will be cross-examined by the advocates representing Marura Nursing Home, the Minister for Health and Attorney General.
The petition was filed on 10 December 2014 to challenge the unconstitutional sterilization by way of tubal ligation of the four women living with HIV.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #Justice2Health
For further reading, download the court documents below;
2. Affidavits in support of the Petition
3. Marura Nursing Home response to the petition
4. Minister of Health and Attorney General response to the Petition
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
