Photo: Lawyer updates petitioners them on the status of the court proceedings.
On 4 October 2017, the High Court directed that a case challenging the forced and coerced tubal ligation of women living with HIV (Petition 605 of 2014) be heard on 13 December 2017. Justice E.C Muita who is handling the matter arrived at this decision based on application by the lawyers representing Marie Stopes and Pumwani Hospital to have the case postponed to a later date given that they were not ready to proceed.
The advocates representing Marie Stopes International were equally unable to proceed as their key lawyer was held up in the conduct of an election petition before the High Court at Embu.
The judge further granted leave to the lawyer representing Pumwani Hospital to file his response to the petition within seven days. Parties were directed by the court to agree on the statement of issues arising for determination and file the same in court before the hearing date.
The petition was filed on 10 December 2014 to challenge the unconstitutional sterilization by way of tubal ligation of the five women living with HIV. Similar cases have been reported in Namibia, Lesotho, Swaziland, South Africa and Uganda.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #Justice2Health
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