On 14th October 2019, the High Court of Kenya failed to mention Petition 447 of 2018. The petition challenges the constitutionality of provisions of the law that criminalize deliberate transmission and or exposure of HIV.
Justice Weldon Koriri who was to mention the matter was engaged in a three-judge bench constitutional petition and was therefore not available to proceed. The matter was coming up for mention to confirm compliance concerning the Director of Public Prosecution (DPP) serving all parties with a response to the petition and to hear three applications namely:
- Application for stay of criminal proceedings against the first and second petitioner; and
- Two applications for enjoinment as Amicus Curiae by the HIV Justice Worldwide and UNAIDS Secretariat.
This mention comes under the backdrop of a case filed by KELIN together with six other petitioners challenging the constitutionality of Section 26 of the Sexual Offences Act. This law criminalizes deliberate transmission and or exposure to a life-threatening sexually transmitted disease.
In the Petition filed on 10 December 2018, the petitioners highlight how the provision of the law is unconstitutional by being vague and incapable of enforcement and for violating the right to protection from discrimination.
The High Court will now mention the case on 27 January 2020 to hear the above-mentioned applications and to give directions on how the petition will proceed.
To contribute to the discussions on this forum, follow KELIN on our social media platforms using the hashtag #PositiveJustice.
Twitter: @KELINKenya
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For more information, contact:
Ted Wandera
Program Officer
Kenya Legal and Ethical Issues Network on HIV/AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
Tel +254202515790; Cell +254788220300
Email: twandera@kelinkenya.org
