Court to Give Direction on Preliminary Objection Filed by Marie Stopes International Challenging the Court’s Jurisdiction

Justice Mumbi will on 8 February, 2016, give direction on a preliminary objection filed by J.K. Kibicho & Company Advocates – advocates for Marie Stopes International – questioning the jurisdiction of the court to hear and determine the petition. This was during the mention of Petition 605 of 2014 that was filed on 10 December, 2014 challenging the unconstitutional sterilization by way of tubal ligation of four women who are living with HIV.

The court also directed that it will hear all applications by parties seeking to be enjoined to the petition. The applications are as follows:

  • Application dated 15 May 2015 by the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS Secretariat) seeking to be enjoined as a friend of the court (amicus curiae).
  • Application dated 28 July 2015 by the International Community of Women Living with HIV (ICW) (Global) seeking enjoinment as an interested party.
  • Application dated 22 October, 2015 by Professor Alicia Ely Yamin seeking to be enjoined as a friend of the court.
  • Application dated 27 October, 2015 by the International Commission of Women Living with HIV Kenya Chapter (ICW-K) seeking enjoinment as an interested party.
  • Application dated 18 January, 2016 by the National Gender and Equality Commission (NGEC) seeking to be enjoined as a friend of the court.

Justice Mumbi Ngugi further directed that all intended interested parties, proposed amicus curiae and respondents file and serve their written submissions in support or opposition of the applications respectively.

The matter comes up on 8 February, 2016 at 9:00 am at the High Court at Milimani (Court 2, 3rd Floor – Constitutional and Human Rights Division).

Court Documents

  1. Petition number 605 of 2014
  2. KELIN application to amend petition
  3. UNAIDS Application to Enjoin As Amicus
  4. Grounds of opposition by MSF-France
  5. Preliminary Objection filed by Marie Stopes International

For more information contact:
Belice Odamna – Advocate for the Petitioners.

Mombasa Road, SOMAK Building 4th floor
P.O Box 112-00200, KNH
Tel +254202515790; Cell +254790478472 ; Email: bodamna@kelinkenya.org
For Twitter updates: @KELINkenya  #Justice2Health