On September 21, 2023, KELIN, in its unwavering commitment to uphold the rights of Persons Living with HIV (PLHIV), filed a petition at the High Court in Kisumu. This petition, on behalf of FA & three others (Petitioners), seeks justice for violations of the fundamental rights to health and life endured by PLHIV. These rights have been persistently undermined by recurrent shortages of life-saving antiretroviral drugs (ARVs) and essential HIV management commodities.
Recognizing the urgency of this matter, the Court has scheduled the initial hearing for October 2, 2023.
The Petitioners aim to hold the Cabinet Secretary for Health and the Kenya Medical Supplies Authority (KEMSA) accountable for their failure to ensure continuous and uninterrupted supplies of life-saving ARVs and essential commodities for HIV management in public health facilities.
The crisis of medicine and commodity shortages in HIV treatment and management has persisted since 2020. Alarming reports continue to surface regarding the unavailability of crucial testing kits, including those for early infant diagnosis and viral load testing. Furthermore, there are ongoing stockouts of medications vital for treating conditions like tuberculosis, which PLHIV not receiving appropriate treatment are at risk of contracting.
This dire situation is further exacerbated by the Government of Kenya’s reliance on donations to fulfill its obligations concerning access to essential medicines and treatment for PLHIV. Simultaneously, incidents of corruption and mismanagement have strained relations with donors, perpetuating the shortage of essential medicines.
The outcome of this case is pivotal in addressing the underlying issues surrounding access to life-saving medicines and commodities for PLHIV. It seeks to establish a precedent that prioritizes the health and well-being of PLHIV above all else.
We eagerly anticipate the court hearing of this urgent application and await further guidance from the Court.
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
