Hearing of a Case Challenging the Forced and Coerced Tubal Ligation of Women Living with HIV Fails to take off

The High Court of Kenya was on Friday 2 December 2016 at 10:00 am scheduled to hear a landmark case challenging the unconstitutional sterilization by way of tubal ligation of four women living with HIV (Petition 605 of 2014). The case however failed to proceed because the presiding judge has since been promoted to the Supreme Court and the matter was not listed on the court’s schedule. We have since managed to secure a mention date for 6 December 2016. The same day a similar petition (Petition 606) will be mentioned.

The purpose of the mention is to get a hearing date for both cases since all the parties have filed the required documents. These petitions were filed on 10 December 2014 to challenge the unconstitutional sterilization by way of tubal ligation of the petitioners who are women living with HIV.

In commemoration of World AIDS day and World Human Rights day these two cases will be featured in the Mail & Guardian, an online South African weekly newspaper. KELIN’s work on the cases will be highlighted in the December edition of the newspaper. The article, titled, Breaking the Silence on Forced Sterilization of women living with HIV will be featured in print and online on the Bhekisisa website, bhekisisa.org and will also be featured in the KELIN blog.

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Petition 605

Petition 606

When: Tuesday, 6 December 2016 at 10.00 am.

Where: High Court of Kenya at Nairobi, Milimani Law Courts, Constitutional and Human Rights Division, on 3rd Floor

To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #Justice2Health

For more information contact:

Allan Maleche

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