This petition seeks justice for violations of fundamental rights to health and life for People Living with HIV(PLHIV). The recurrent shortages of life-saving antiretroviral medications have consistently undermined these rights.
The Petitioners; FA & three others 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 lifesaving ARVs and essential commodities for HIV management in public health facilities.
The petition came up for inter-parties hearing on October 3, 2023. The mention was for an urgent appeal to compel the Ministry of Health to provide treatment to the petitioners and to publicize a list of where services and support are available for persons living with HIV pending hearing and determination of the case.
The court ordered that the 1st to 3rd petitioners get immediate medical treatment. This includes a viral load test for the mothers and an anti-body test for the child. . The case will be mentioned on October 19th, 2023, to confirm compliance and receive further court directions.
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.
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
