The hearing of the cases challenging the sterilization of women living with HIV failed to take off as scheduled. The High Court was to hear Petition No. 605 of 2014 on 27 June 2017 while Petition No. 606 of 2017 was scheduled for 28 June 2017. Justice E.C Mwita who was to hear the cases was not available as he is on annual leave.
The petitions were filed on 10 December 2014 to challenge the unconstitutional sterilization by way of tubal ligation of the five women living with HIV. The Petitions were scheduled for hearing on 2 December 2016 before Justice Lenaola. However, they could not proceed on that date because Justice Lenaola had been elevated to the Supreme Court. See a video on forced sterilization of women living with HIV in Kenya here.
Allan Maleche the advocate for the Petitioners and Executive Director, KELIN had indicated his enthusiasm that the cases would be concluded soon. He is very disappointed with the turn of events given that KELIN has been preparing diligently for the hearing. He is however optimistic KELIN shall be able to secure new hearing dates for the cases before the year-end. He is quoted as saying; “given that it has been over two years since we filed the case, my clients were enthusiastic that these cases would be concluded soon. I however remain optimistic and shall seek to secure the earliest hearing dates available”.
The cases shall now be mentioned on 25 July 2017 before Justice E.C Mwita for purposes of taking fresh dates for the hearing.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #Justice2Health
To view Petition No. 605 of 2014 click here and to view PT No. 606 of 2014 click here.
For more information contact:
Allan Maleche,
Advocate for the Petitioner’s 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
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
