Petition 447 of 2018 came up for mention on 27 March 2018 at the Milimani Law Courts. The mention comes after KELIN alongside six other petitioners challenged the constitutionality of Section 26 of the Sexual Offences Act, by filing the petition on 10 December 2018. This law criminalises deliberate transmission and or exposure to a life-threatening sexually transmitted disease including HIV.
The matter came up for the hearing of an application, by the first to sixth petitioners to use their initials in place of their real names. The application emanates from the risk of the petitioners and their families being exposed to stigma and discrimination, as a result of the former disclosing their HIV status through the trial of this petition. The Hon. Justice Korir honoured the petitioners application to use their initials.
The courts have allowed this in previous cases. This begun with JAO vs Homepark Carters Limited and two others. Such orders are important when it comes to litigating on the rights of persons living with or affected by HIV. It further encourages others to file similar cases without fear of stigma, discrimination and ridicule perpetuated after disclosure as a result of prosecuting their cases.
The High Court will now mention the case on 18 June 2019, when it gives further directions. This will be after confirming whether or not the the Attorney General and the Director of Public Prosecution have filed their responses to the petition.
To contribute to the discussions on this forum, follow KELIN on our social media platform using the hashtag: #PositiveJustice.
Twitter: @KELINkenya
Facebook: http://www.facebook.com/kelinkenya
To access the court documents, please follow the links below:
- 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 +254790111578
Email: twandera@kelinkenya.org
