Who: Kenya Legal and Ethical Issues Network on HIV (KELIN), the Children of GOD Relief Institute (Nyumbani), James Njenga Kamau and Millicent Kipsang, who are represented by the firm of Messers Rachier & Amollo Advocates filed a petition in regard to a directive issued on 23 February, 2015 by the National Government, through His Excellency Hon. Uhuru Muigai Kenyatta to County Commissioners to work with County Directors of Education and Medical Services, to collect up-to-date data and prepare a report on all school going children who are HIV positive, information on their guardians, number of expectant mothers who are HIV positive and number of breastfeeding mothers who are HIV positive. The data was to be collected in a prescribed data matrix that would directly link the above mentioned persons with their HIV status thus putting them at a risk of being stigmatized and discriminated against. For the case of the children, they would be linked to their home area and school in addition to their HIV status. The information was to be submitted to his Excellency by 15 March, 2015.
Why: The directive will introduce a new era of “naming and shaming” that has always been beneath the government and people of Kenya. The directive has the potential of exposing persons living with HIV to human rights violations such as the right to privacy, confidentiality, discrimination at home, work and in school. The directive will roll back years of work on HIV by impacting negatively on the health seeking behaviour, thereby increasing the risk that people will hide their HIV positive status, rather than seek treatment. Patients who seek treatment may also withhold important information out of concern for their privacy, or the fear that confidentiality will be breached. In addition, this concern may prevent patients from receiving full and appropriate treatment including taking up life-enhancing and life-saving treatments if they fear that someone may see them. Forcing people to disclose their status, or those of their loved ones, has never helped to increase treatment rates and this directive will be no different.
When: Friday, July 10, 2015. 0900 hrs
Where: High Court of Kenya at Nairobi, Milimani Law Courts Court No 1 on 3rd Floor.
For further information contact:
ALLAN MALECHE
KENYA LEGAL AND ETHICAL ISSUES NETWORK ON HIV & AIDS (KELIN)
MOMBASA ROAD, SOMAK BUILDING 3TH FLOOR
PO BOX 112-00200, KNH
EMAIL: amaleche@kelinkenya.org
MOBILE NO: +254 708 389 870
Twitter Handle: @KELINKenya #UhuruHIVlist
NAIROBI.
