On 11th March 2024, the KEMSA CEO, Dr Andrew Mulwa took the stand during the further hearing of FA & Others V the Attorney General & Others Petition E008 of 2023. Dr Mulwa testified on the role of KEMSA in the procurement of and management of medicines and commodities used in the management of HIV in Kenya. In his testimony, Dr Mulwa conceded that KEMSA plays an integral role in ensuring a consistent supply of essential medicines and commodities and stated that in some cases, stockouts do occur. He however denied that in 2021-2023, there were instances where the supply of ARVs has been completely out of stock.
On their part, the Petitioners represented by KELIN, and the Interested Party questioned Dr Mulwa on the evidence he submitted dated 26th October 2023, which includes a stock status report that did not cover the period in question 2020 – 2022. He was further put to task to explain the stalemate between USAID and KEMSA and whether the same contributed to the stockouts.
After the receipt of the evidence by KEMSA, the Respondents’ case is now closed, with the Court noting that the Ministry of Health did not put in any response to the Petition.
The court therefore directed the parties to file their submissions, with the Petitioners required to file their submissions by 2nd April 2024. The Interested Party, Network of TB Champions and the Respondents are required to file their written submissions by 22nd April 2023. The Amicus Curiae, Professor Walter Jaoko is also required to put in a supplementary amicus brief by the 19th March 2024. The Parties are set to return to court on 24th April 2024 to orally highlight their written submissions.
KELIN looks forwards to attending court on 24th April to highlight its written arguments before court on the impact of interrupted supply of ARVs and HIV related commodities such as testing kits and reagents and the negative health impact that it has on Persons Living with HIV.
PLEASE NOTE: The 1st – 3rd Petitioners request that their names and identity should not be disclosed in the media to protect the confidentiality of their health status and personal circumstances. A court order has been granted to this effect and they will not be available to give interviews.
For More Information:
Nyokabi Njogu
Advocate for the 1-6th Petitioners
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road PO Box 112 – 00202 KNH
0790111578; litigation@kelinkenya.org
