Government Denies Liability in the Forced and Coerced Sterilization of a Woman Living with HIV

The National Government has denied that it played a role in the forced and coerced sterilization of a woman living with HIV. In his response to petition 606, the Attorney General opposed the petition on grounds that it was not party to the actions of forced and coerced sterilization as complained of by the petitioner. The Attorney General further argued that the petition does not disclose any constitutional violation by the national government, and that the petitioners have not demonstrated the violation of their rights.

The government filed the response on 3 May, 2016 – the day initially set for hearing of the Petition. The County Executive in Charge of Health Services for Nairobi County is yet to respond to the amended Petition. Neither has Marura Maternity & Nursing Home.

Justice Lenaola directed that the case be heard on 26 July 2016. This timeline was agreed upon to accord all the parties sufficient time to file the relevant court papers.

To contribute to the discussions on this forum follow KELIN on our social media platforms:

Twitter: @KELINkenya using hashtag #Justice2Health
Facebook: http://www.facebook.com/kelinkenya
For background on the case: https://kelinkenya.org/2014/12/announcement/.

For more information contact:
Allan Maleche

Advocate for the Petitioners and Executive Director (KELIN)

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: a_maleche@kelinkenya.org
Mobile No: +254 708389870
African Gender and Media Initiative Trust

Apt# E-06, UpperHill Gardens, 3rd Ngong Avenue,

PO Box 50429 -00200 Nairobi

TEL: 0702112670, 0739 803545

Tweeter: @GEM_AFRICA

Facebook: African Gender and Media Initiative Trust

www.gem.or.ke

 

Court documents:

  1. Amended petition
  2. Marura written submission
  3. Grounds of Opposition
  4. Submissions by the Attorney General