Court Allows Application By Prof Ely Yamin To Be Enjoined As A Friend Of The Court

Constitutional and Human Rights Division Judge Justice Mumbi Ngugi has allowed an application by Prof Alicia Ely Yamin to be enjoined in the case as a friend of the court.

Prof. Alicia Ely Yamin, the Policy Director of the Francois- Xavier Bagnoud Center for Health and Human Rights at Harvard University, had made an application seeking to be enjoined as a friend of the court. Prof Yamin will impartially provide the court with the following information that will guide its final decision on the matter:

  • The issue of intersecting forms of discrimination against women and people living with HIV with respect to the provision of health care agencies.
  • Principles of health and human rights in international agreements to which Kenya is a party.
  • Interpretations of rights, and reasoning with respect to the ensuing obligations of states.
  • The role of judicial review in deciding matters related to health and human rights.

The court further declined to allow an application made by Marura Maternity and Nursing Home seeking to enjoin Price Water House Coopers and the Project Manager OBA-RH as interested parties. Justice Ngugi noted that there is no provision in law and court directions that supports such an application. Marura Maternity and Nursing Home had argued that if any liability is to be found against the them, they cannot shoulder it alone and that they will be seeking contribution and/or indemnity from the intended interested parties..

The matter comes up on 8 February, 2016 at 9:00 am before Justice Isaac Lenaola for further directions.

Petitioner’s Court Documents
Petition number 606 of 2014
Application for UNAIDS to join as a friend of the court
Grounds of opposition by PWC

Application by ICW Global to enjoined as an interested party

 

For more information contact:
Allan Achesa Maleche (Executive Director) KELIN

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

 

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