The Court has reserved judgment in Petition 605 of 2014, the case where four woman living with HIV have challenged their forced and coerced sterilization, to 5th May 2022. The date for judgment comes after counsel in the matter appeared in court on 22nd February 2022 for final highlights of their written arguments.
The case was filed against Médecins Sans Frontières – France (MSF- France), Pumwani Maternity Hospital, Marie Stopes International, the Nairobi County Executive Committee Member in Charge of Health Services, Cabinet Secretary – Ministry of Health, Republic of Kenya and The Attorney General.
During a previous court appearance in December 2021, Petitioners’ counsel, counsel for The 1st Interested Party (ICW-Global) and the 2nd Interested Party (ICW-East Africa) had concluded their submissions by asking the court to uphold the rights of the 1st -4th Petitioners as well as other similarly situated women by granting the orders that ensure respect for the reproductive rights of women living with HIV. During today’s hearing, the court heard from counsel for the respondents who argued that the Petition should be dismissed for lack of evidence.
Today’s hearing brings to a close the taking of evidence and legal arguments in this case, and brings the petitioners closer to justice. We look forward to 5th May 2022 in the hope of receiving a favorable judgment.
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 on the basis of 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.
1st Interested Party’s submissions
1st Respondents’ submissions
2nd and 4th Respondents’ submissions
5th and 6th Respondents’ submissions.
1st amicus submissions
2nd amicus submissions
3rd amicus submissions.
For more information:
Allan Maleche,
Advocate for the Petitioner’s and
Executive Director, KELIN
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
Po Box 112 – 00202 KNH
NAIROBI
Email: amaleche@kelinkenya.org
NAIROBI
