Kisumu, Kenya- 26 June 2024
The petition challenging the interrupted supply of ARVs medication and related commodities has been further adjourned to 29th July 2024 as the trial judge was indisposed thus the court could not sit. Today’s adjournment follows a previous Court adjournment on 24th April 2024, during which today’s date was given to the parties.
This case challenges the State’s inaction in provision of essential medicines and commodities that are required for the management of HIV. Between 2021-2023, many public health facilities across the country had a stockout of these commodities and to date, there continues to be intermittent supply of commodities used for viral load testing and early infant diagnostic testing. The Petitioners seek to hold both the Ministry of Health, Kenya and the Kenya Medical Supplies Agencies (KEMSA) accountable when it comes to the procurement and management of ARV medication and related commodities. Availability and access to this lifesaving and sustaining medications, particularly for children, is an immediate obligation and not subject to progressive realization. There is need to ensure continuous availability and affordability of these essential drugs, and the Petitioners have highlighted that this is not just a legal necessity but an imperative to protect and preserve the health and lives of our citizens.
While disappointed about the adjournment, KELIN looks forward to attending court late next month to highlight its written arguments before Court noting that the constitutional right to health is non-negotiable. The State must make real, demonstrable efforts to allocate resources for the management and treatment of HIV and ensure these medicines are available to everyone. The government must show clear prioritization for the widest possible enjoyment of these essential rights.
This communique briefly details the case.
PLEASE NOTE: The Petitioners request that their names and identities should not be disclosed in the media to protect them from further stigma and discrimination on the basis of their HIV status. They are therefore not available to give interviews.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using the hashtag #Justice2Health.
For more information:
Nyokabi Njogu
Advocate for the 1 – 6th Petitioners
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 790 111578www.kelinkenya.org/case-tracker
