Attorney General Fails To File a Response to the Petition Challenging an Unconstitutional Presidential Directive

Nairobi, July 10. Constitutional and Human Rights Division Judge, Justice Isaac Lenaola, has allowed the former Special Rappouter for Health Mr. Anand Grover, a leading human rights lawyer who has been involved in issues related to law, human rights and HIV & AIDS for over three decades, to be enjoined onto the case as a friend of the court (amicus curaie). This was during the mention of Petition 250 of 2015 that was filed on 15 June, 2015 seeking to challenge a Presidential Directive that seeks to collect names of persons living with HIV contrary to the provisions of the Constitution and other laws.

During the mention of the case court noted with disappointment that the Attorney General, who was not present in court, had not filed his response on behalf of the respondents despite being 21 days to so, when the matter was last in court on the 17 of June 2015. The court further allowed an application by the advocate of the applicants, Messrs Rachier & Amollo, to file two further affidavits of two persons living with HIV in support of the Petition, within seven days. The affidavits are to be filed within seven days. The case has now been set for a further mention on 14 August 2015 at 9am for further directions on the hearing of the Petititon or otherwise.

Court Documents
1. Petition 250 of 2015

2. Application by Anand

3. Supporting Affidavit

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 #UhuruHIVList
For background on the case: https://kelinkenya.org/2014/12/announcement/