On 2 July 2019, Petition 447 of 2018 came up for mention after the same failed to proceed on 18 June 2019, when the trial judge was away on leave. The matter was coming up for mention to confirm compliance for purposes of filling responses to the petition.
During the mention, HIV Justice Worldwide made an application to be enjoined as amicus in the case based on their expertise on HIV criminalization. In response to the application, the Court ordered that HIV Justice Worldwide should serve all parties to the case and that any party opposed to the application should file a response within 14 days. The court further directed that the application to be enjoined will be heard on 14 October 2019.
The court also ordered the following:
• The second respondent, the Director of Public Prosecution (DPP) to file and serve a response to the petition within 21 days; and
• KELIN and the six petitioners to respond to the grounds of opposition to the petition filed by the Attorney General within 14 days.
This is a case in which KELIN and six other petitioners are challenging the constitutionality of Section 26 of the Sexual Offences Act that criminalizes deliberate transmission of HIV. In the pleadings, the petitioners have highlighted to the court how Section 26 of the Sexual Offences Act has exposed persons living with HIV to stigma, discrimination and violence. The provision has also pushed persons living with HIV away from accessing HIV services, negatively affecting programs geared at reducing new HIV infections and death, as a result of HIV.
The petitioners include: two Kenyans who have been charged under the Act for exposing others to the virus through biting and breastfeeding together with four Kenyan discordant couples who are skeptical that their rights will be violated in case their partners’ HIV status is converted.
To contribute to the discussions on this forum, follow KELIN on our social media platforms using this hashtag: #PositiveJustice.
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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
