Kisumu, 7 February 2025 – In a deeply disappointing decision, the High Court of Kenya dismissed a petition filed by women living with HIV, supported by KELIN and other civil society organizations, seeking accountability from the government for failing to ensure a consistent supply of essential HIV medicines and health commodities.
The petitioners shared painful experiences of repeated stockouts of life-saving antiretroviral medicines, viral load testing kits, and early infant diagnostic commodities between 2021 and 2023. They also raised concerns about the government’s failure to proactively provide critical information on drug availability and measures to prevent future shortages. Despite the Kenya Medical Supplies Authority (KEMSA) admitting to supply challenges and corruption-related disruptions, the court found no violation of the petitioners’ constitutional rights.
KELIN and the petitioners respectfully disagree with the judgment and will appeal the decision. Among the key issues for appeal is the finding that the right to health for children living with HIV is subject to progressive realization. We believe that this right is immediate and that the persistent stockouts and failure to allocate adequate resources are a significant regression that endangers lives.
KELIN remains steadfast in its commitment to pursuing justice for persons living with HIV. Together with the community, we will continue to hold the government accountable through both legal and advocacy efforts to ensure access to life-saving treatment and the full realization of the right to health.
Click here for the full Judgement Kisumu Petition E008 of 2023.pdf
For more information, contact:
Nyokabi Njogu
Advocate for the 1st-6th Petitioners
KELIN
Tel: 0790 111 578
Email: litigation@kelinkenya.org
