The court had in a judgment delivered on 24 March 2016 declared that it is unconstitutional and unlawful to jail TB patient who have challenges adhering to TB medication. The court, in the judgment, ordered the Cabinet Secretary Ministry of Health to:
- issue a circular clarifying that section 27 of the Public Health Act does not authorize confinement of persons suffering from infectious diseases in prison;
- develop a policy on the involuntary confinement of persons with TB and other infectious diseases; and
- file an affidavit in court detailing the policy measures put in place on the involuntary confinement of persons with TB and other infectious diseases
It is noteworthy to report that the government has partly complied with the orders and issued a circular to health facilities, clarifying that the Public Health Act does not authorize confinement of TB patients in prisons. Relatedly, the process of developing a TB isolation policy in consultation with stakeholders is underway.
The case will be mentioned again on 8 March 2017 for the government to outline the status of compliance.
To contribute to the discussion and for live updates follow KELIN on our social media platforms: Twitter: @KELINkenya using hashtag #TBIsNotACrime
See also: TB is Not a Crime video
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 Tel +254202515790;
Cell +254708389870;
Email: amaleche@kelinkenya.org