The women following the case on forced and coerced sterilisation
Nairobi, July 10. Constitutional and Human Rights Division Judge, Justice Isaac Lenaola, has directed that an application filed by Secretariat of the Joint United Nations Programme on HIV/AIDS (the “UNAIDS Secretariat”), seeking leave to be enjoined as an Amicus Curiae be heard on the 29 of July 2015 before Judge Mumbi Ngugi. The court further directed that an application for leave to amend the petition, filed by Mr. Maleche on behalf of the petitioners, be equally heard on the 29 of July 2015. This was during the mention of Petition 605 of 2015 that was filed on 10 December 2014 challenging the forced and coerced sterilization of four women living with HIV.
Medicins Sans Frontiers- France, who are the first respondents, have filed grounds of opposition against the application to have the UNAIDS Secretariat enjoined onto the case. They raise seven grounds in opposition with some of their key grounds being that the intended amicus has not demonstrated that it will introduce new arguments different from those advanced by the parties. Further they indicate that the issues raised in the petition and the responses thereto are principally evidentiary and not concerned with interpretations of international standards, policies and recommendations regarding HIV & AIDS. The other parties to the case have not opposed the application, save for the Attorney General who failed to appear for the mention despite being served with the mention notice.
The case will be mentioned on 29 July 2015, before Judge Mumbi Ngugi for the hearing of the two applications to have the UNAIDS Secretariat enjoined onto the case as a friend of the court and the application by Mr. Maleche(Advocate for the Petitioners) seeking to have the Petition amended.
PLEASE NOTE: The applicants request that their names and identity should not be disclosed in the media to protect them from further disclosure of their HIV-status.
Petitioner’s court documents,
- Petition number 605 of 2014
- KELIN application to amend petition
- UNAIDS Application to Enjoin As Amicus
- Grounds of opposition by the 2nd Respondent
For more information contact:
Allan Achesa Maleche (Executive Director) KELIN and Advocate for the Petitioners. Mombasa Road, Somak building 4th floor
P.O Box 112-00200, KNH
Tel +254202515790; Cell +254708389870; Email: amaleche@kelinkenya.org
For Twitter updates: @KELINkenya #Justice2Health
For background on the case: https://kelinkenya.org/2014/12/announcement/
