The case challenging the State’s inaction on interrupted supplies of ARVs medication and related commodities for the management of HIV in Kenya has been further adjourned to 7th August 2024. Despite the parties being ready to proceed with highlighting of oral arguments on 29th July 2024, the Court informed counsel that it would not be sitting as trial Judge is still indisposed. Noting the continued urgency of the matter, however, the court directed that the parties appear on 7th August 2024 to highlight their oral arguments before the Court.
Following the #PutPeopleFirst campaign at the AIDS Conference 2024 in Munich, Germany, the spotlight is on the urgent need for a human-rights based approach in addressing HIV. This Petition challenges the government’s failure to ensure that essential HIV medicines and commodities are available and accessible. From 2021-2023, many public health facilities experienced stockouts, and to date, there are still intermittent supplies of commodities crucial for viral load testing and early infant diagnostic testing.
The petitioners demand for accountability and calls for the Government of Kenya to work with communities to ensure consistent supplies of medications and commodities to manage HIV through adequate domestic funding and transparency in procurement and distribution to prevent future stockouts of essential medicines to people living with HIV. The Petitioners arguments underscore that Article 43(1)(a) of the Constitution is non-negotiable and that the State must make tangible efforts to allocate resources for HIV management and treatment, ensuring that these medicines are accessible to all.
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.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using the hashtag #Justice2Health.
For more information:
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 111578www.kelinkenya.org/case-tracker
C
