Disappointment as Court Further Adjourns The Case Challenging State Inaction on Stockout of HIV Medicines and Commodities.

The case challenging the interrupted supply of ARVs medication and related commodities has been further adjourned to 26th September 2024, as the trial judge was still indisposed. The parties were set to attend court to orally highlight their final arguments on 7th August 2024, but the case was taken out of the court’s hearing list and given a new date.  This is the third adjournment following the previous court attendances on 24th April 2024, 26th June 2024 and 29th July 2024 where the scheduled highlighting of submissions did not proceed.

This petition challenges and seeks to hold the Cabinet Secretary, Ministry of Health and Kenya Medical Supplies Authority (KEMSA) accountable for their failure to ensure continuous and uninterrupted supply of ARV medication and HIV related commodities during the period of stockout experienced in 2020 – 2022 across public health facilities in Kenya. This resulted in a breakdown of the HIV care system, affecting all aspects of HIV treatment and prevention continuum. It is noteworthy that there continue to be reports of continuing stockouts to date.

While they are disappointed, the Petitioners look forward to attending court on 26th September 2024 to orally highlight their written arguments before the court on the need to ensure the continuous and uninterrupted supply of HIV medication and commodities, as well as advocate for the development of national plan to ensure that HIV medicines are procured, distributed and supplied across all public facilities. This is to prevent future violations of the right to the highest attainable standard of health as of persons living with HIV as guaranteed under Article 43 (1)(a) of the Constitution of Kenya, 2010.

PLEASE NOTE: The Petitioners ask that their names and identities 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.

For More Information, Contact:

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 111578

www.kelinkenya.org/case-tracker

E008of2023