On this World TB Day under the theme “Yes! We Can End TB: Commit, Invest, Deliver”, we confront a stark reality of the judiciary’s failure to hold the government accountable for HIV and TB drug shortages.
This is the united voice of people living with HIV and those affected by TB. We speak with urgency and purpose. To our leaders: protect our children. Honor our rights. Stay true to the Constitution: not just sometimes, but always. Your duty is not optional. Our dignity is not negotiable.
In a deeply disappointing decision, the High Court of Kenya in Kisumu dismissed a petition filed in 2023 by women living with HIV, supported by KELIN, Network of TB champions, AYARHEP, DACASA and Katiba Institute.
During the hearing of the case, the petitioners shared painful experiences of repeated stockouts of life-saving antiretroviral medicines, viral load testing kits, and early infant diagnostic commodities between 2021 and 2023. They also presented reports before the Court from the press and government bodies that indicated that the stockouts were caused by a stalemate between the Ministry of Health, KEMSA and USAID owing to repeated cases of mismanagement and corruption at KEMSA. The Petitioners demonstrated how procurement and supply chain inefficiencies at KEMSA resulted in delayed disbursements of drugs, leading to donations of HIV medicines and commodities being stuck at the Port of Mombasa for several weeks.
This judgment comes at a time when Kenya is facing an unprecedented crisis in the health sector exacerbated by the recent executive directives from the US administration to freeze foreign aid and stop USAID funding which has curtailed related health programs. Instead of proactive investment, we continue to witness bureaucratic failures and financial mismanagement in the Health Sector as revealed in the Auditor General 2025 report as well as lack of political will to protect the vulnerable groups.
A Call for Action
The judiciary is the last line of defence as they play a pivotal role in the promotion and protection of human rights. The fact that the judiciary provides checks and balances where the government has failed to follow through on its commitment is very crucial for accountability on lack of action for the stockouts. By dismissing the petition, the court ignored the lived realities of thousands of Kenyans struggling to access lifesaving treatment. The court’s unwillingness to intervene encourages impunity, setting a very dangerous pattern where the government is not held to account for failing its citizens. KELIN is in the process of lodging an appeal to challenge the decision of the lower court to ensure that the government is held accountable for its human rights obligations
Our Demands to the Government
- Commit– The government must uphold its constitutional mandate to provide uninterrupted access to HIV and TB treatment ensuring no Kenyan is left behind.
- Invest– The Ministry of Health and Finance must increase domestic financing for HIV and TB programs to fill the funding gap left by international donors.
- Deliver– KEMSA must be held accountable and immediate reforms must be implemented to prevent further medicine shortages and stockouts.
We stand in solidarity with People Living with HIV, those affected by TB and all vulnerable Kenyans whose lives depend on an efficient and accountable healthcare system. The fight does not end here. We will continue pushing for justice, demanding government accountability and ensuring that every Kenyan has access to a reliable healthcare service.
Yes, we can achieve health justice!
Signed by:
KELIN
NETWORK OF TB CHAMPIONS
AYARHEP
DACASA
NELSON MANDELA CBO
