Justice Weldon Korir has set the 8th and 9th December 2020 as the hearing dates for Petitions 605 and 606 of 2014. The court further directed that the cases be mentioned on 23rd November 2020 before Justice Antony Mrima, who is set to listen to them, for purposes of determining whether the cases will proceed in person or virtually.
The two cases that challenge the forced and coerced tubal ligation of five women living with HIV were mentioned today to confirm the willingness of the Judge who had initially heard the matter to hear it to the conclusion in light of his upcoming transfer back to Nairobi in November 2020. The court, however, informed the parties that the Judge who had initially heard the matter would not be available and to avoid further delay the case was allocated to Justice Mrima whose diary was open for hearing in December.
Petitions 605 and 606 of 2014 were filed in 2014, and challenge the forced and coerced tubal ligation of five women living with HIV. The hearing of the petitions had progressed substantially before Justice Chacha Mwita. In Petition 605 of 2014, nine witnesses have testified, six on behalf of the petitioners’ case and three for the respondents’ case, and it only remains for the final witness for the respondent to testify. In Petition 606 of 2014, the petitioner had testified and counsel for the petitioner had begun the process of cross-examining the sole witness for the respondent.
While the petitions have been outstanding for some time, the petitioners are looking forward to a speedy conclusion of the matters and seeing justice served, given that justice delayed is justice denied.
PLEASE NOTE: The petitioners request that their names and identity should not be disclosed in the media to protect them from further stigma and discrimination based on their HIV status. They are therefore not available to give interviews.
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The case petitions are available here:
For more information:
Allan Maleche
Advocate for the Petitioner’s and
Executive Director
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Lang’ata Road
P.O. Box 112 – 00202 KNH, Nairobi, Kenya.
Mobile No: +254 708 389 870
Email: amaleche@kelinkenya.org
Website: www.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
