In a momentous legal development today, on September 21, 2023, Honorable Justice Mrima delivered a landmark judgment. He ruled in a case initiated over nine years ago that the forced sterilization of four women living with HIV constituted a violation of their fundamental rights, including dignity, freedom from discrimination, the right to the highest attainable standard of health, and the right to establish a family.
The Court’s judgment firmly establishes that women living with HIV possess the inherent right to make informed choices regarding their reproductive decisions. Furthermore, it mandates that all medical facilities must uphold the paramount importance of obtaining informed consent from patients who seek medical treatment on their premises.
He further awarded the petitioners damages to be borne jointly by the medical facilities that had been visited by the Petitioners. The damages will be jointly borne by Médecins Sans Frontières – France (MSF- France), Pumwani Maternity Hospital and Marie Stopes International.
However, it is important to note that the Court has dismissed the claims against the Cabinet Secretary for Health and the Attorney General. The Court’s reasoning behind this decision is the recognition that the State had already implemented a comprehensive legal and policy framework to ensure that robust procedures for obtaining informed consent were in place before individuals received medical services.
As of the time of this release, the full court judgment has not yet been made available to the public.
Details of the case are accessible on the Case Tracker.
For further information and inquiries, please contact:
Allan Maleche and Nyokabi Njogu
Advocates for the Petitioners
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
Po Box 112 – 00202 KNH
+254 790111578 +254 708389870
NAIROBI
Email: amaleche@kelinkenya.org; litigation@kelinkenya.org
NAIROBI
