The Court however declined the petitioner’s applications to give oral evidence during the petition; and to have criminal proceedings against the first and second Petitioners halted, pending determination of the petition.
The court was of the opinion that the respondents did not intend to cross examine the petitioners hence there was no need for the petitioners to give oral evidence. The court was also of the opinion that there was need to prioritize determination of the main suit hence the insistence on giving directions to the main suit.
In the Petition filed on 10 December 2018, the petitioners highlight how the provision of the law is unconstitutional by virtue of being vague and incapable of enforcement and for violating the right to protection from discrimination.
The High court will now mention the case on 31st March 2020 when it will be able to give further directions on how the petition will proceed.
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Petition 447 of 2018
People living with HIV challenge discriminatory laws that criminalize HIV exposure and transmission
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
