Attorney General given 21 Days to Respond to Petition Challenging Unconstitutional Presidential Directive

Nairobi, June 17. Constitutional and Human Rights Division Judge Justice, Isaac Lenaola, has directed the Attorney General to file a written response to Petition Number 250 of 2015 within 21 days from 17 June 2015. This was during the mention of an application, which was filed on 15 June, 2015 under Certificate of Urgency seeking interim orders to stop the implementation of the unconstitutional directive given by the President on 23 February, 2015. Though the application was scheduled for hearing today, the court directed that the application be dispensed with and the parties move into the hearing of the main petition as a matter of priority. The court further directed the Attorney General to seek instructions from all the respondents to enable them prepare their written response to the Petition.

The case is about a directive issued on 23 February 2015 by the National Government, through the President, His Excellency Hon. Uhuru Muigai Kenyatta to County Commissioners to work with County Directors of Education and Medical Services, to collect up-to-date data and prepare a report on all school going children who are HIV positive, information on their guardians, number of expectant mothers who are HIV positive and number of breastfeeding mothers who are HIV positive. The data was to be collected in a prescribed data matrix that would directly link the above mentioned persons with their HIV status thus putting them at a risk of being stigmatized and discriminated against. For the case of the children, they would be linked to their home area and school in addition to their HIV status. The information was to be submitted to his Excellency by 15 March, 2015. However, during the mention of the cases it was revealed that some of the respondents collected data up to two months after 15 March, 2015.

The case will be mentioned on 10 July 2015 at 9am to ensure that all parties have complied with the directions given today whereupon a hearing date of the Petition will be agreed upon.
For further information contact:

BELICE ODAMNA
KENYA LEGAL AND ETHICAL ISSUES NETWORK ON HIV & AIDS (KELIN)
MOMBASA ROAD, SOMAK BUILDING 3TH FLOOR
PO BOX 112-00200, KNH
EMAIL: bodamna@kelinkenya.org
MOBILE NO: +254 708 389 870
Twitter Handle: @KELINKenya
NAIROBI.