Representatives of the National Assembly, Judiciary, Kenya Law Reform Commission, The HIV & AIDS Tribunal, Communities of PLHIV and affected by TB and Civil Society Organizations (CSOs) will convene to discuss this constitutional matter as enshrined in Article 23(2) of the Constitution.
Article 23(2) provides that:
“Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress or a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights”
This forum thus aims at triggering conversation on the need to actualize and discuss a roadmap towards the development of the appropriate law.
Section 25 of the HIV Prevention and Control Act, 2006 creates the HIV and AIDS Tribunal and confers upon the Tribunal the power and jurisdiction to hear and determine complaints arising out of any breach of the provisions of the Act. It has however been noted that most of the cases reported to the Tribunal touch on violation of human rights and the Constitution yet the High Court has held that the tribunal does not have original mandate to hear such matters.
Justice Mumbi Ngugi in Constitutional Petition No. 466 of 2014, Royal Media Services Ltd vs. Attorney General & 6 others [2015] eKLR declared that Subordinate courts (including the HIV & AIDS Tribunal) do not have jurisdiction to hear and determine matters arising from the Bill of Rights in the absence of legislation enacted by Parliament to give them such original jurisdiction.
The dialogue thus provides an opportunity to discuss with various stakeholders the roadmap on enactment of an enabling legislation.
The breakfast dialogue will be held on the 19 May at the Hotel Intercontinental Nairobi from 07:00 am.
To contribute to the discussions on this forum follow KELIN on our social media platforms using the hashtag: #HIVLaw
Twitter: @KELINkenya
Facebook: http://www.facebook.com/kelinkenya
For more information contact:
Allan Maleche
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870
