Further Delay in hearing of Petitions 605 and 606 of 2014 which challenges the forced and Coerced Sterilization of Women Living with HIV

There was further delay in the hearing of petitions 605 and 606 of 2014 as they failed to take off for hearing as scheduled. The hearing was to have taken place on 12th October 2020 before the Constitutional and Human Rights Division of the High Court in Nairobi.

While all counsel were present and prepared to proceed with the hearing, the Court directed that both petitions be mentioned on 4th November 2020. The mention aims to confirm the willingness of the Judge who had initially heard the matter to hear it to the conclusion in light of his upcoming transfer back to Nairobi in November 2020.

Petitions 605 and 606 of 2014 were filed in 2014, and challenge the forced and coerced sterilization of the petitioners, who are women living with HIV. Hearing of the petitions has progressed substantially. In petition 605 of 2014, nine witnesses have testified, six on behalf of the petitioners’ case and three for the respondents’ case, and it only remains for the final witness for the respondent to testify. In petition 606 of 2014, the petitioner had testified and counsel for the petitioner had begun the process of cross-examining the sole witness for the respondent.

While the petitions have been outstanding for some time, the petitioners are looking forward to a speedy conclusion of the matters and seeing justice served.

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 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 using the hashtag: #Justice2Health.

Twitter: @KELINKenya

Facebook: http://www.facebook.com/kelinkenya  

The case petitions are available here:

For more information:

Allan Maleche

Advocate for the Petitioner’s and

Executive Director

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

Karen C, Kuwinda Lane, Off Lang’ata Road

P.O. Box 112 – 00202 KNH, Nairobi, Kenya.

Mobile No: +254 708 389 870

Email: amaleche@kelinkenya.org

Website: www.kelinkenya.org

Or

African Gender and Media Initiative

3rd Ngong Avenue, Upper Hill Gardens, Apt #E-06

Telephone:  020-2113093/4

P.O. Box 50429-00200 Nairobi

Website: www.gem.or.ke

Twitter: @GEM_Africa

Facebook: African Gender and Media Initiative Trust