The High Court in Nairobi will on Tuesday 16 February, 2016 mention Petition No. 250 of 2015 to give directions on how the Petition will proceed. All parties in the case have filed their relevant court documents. The Petition challenges an unconstitutional directive by the President, His Excellency Hon. Uhuru Muigai Kenyatta to County Commissioners, directing them 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..
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 Rachier & Amollo Advocates, filed the case challenging the implementation of the directive. Mr. Anand Grover, the former Special Rapporteur for Health, was allowed to join the case on 10 July 2015 as a friend of the court. The case has been filed against the Cabinet Secretary, Ministry of Health; the National AIDS Control Council; the Cabinet Secretary Ministry of Education, Science and Technology; the Cabinet Secretary Ministry of Interior and Co-ordination of National Government; and the Attorney General.
Why: The directive has the potential of increasing the stigmatisation and discrimination of persons living with HIV. It will also potentially expose them to human rights violations, including their right to privacy, confidentiality, against discrimination at home, work and in school. The directive will further increase the risk of people hiding their HIV positive status rather than seek treatment for fear that their right to privacy and confidentiality will be violated. This directive therefore poses a threat to the realisation and enjoyment of the constitutional right to health and impacts negatively on the gains made in the promotion and protection of the rights of PLHIV in Kenya. It must be appreciated that 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: Tuesday 16 February, 2016 at 0900hrs.
Where: High Court of Kenya at Nairobi, Court No. 1 on 3rd Floor, Milimani Law Courts.
For more information contact:
Allan Maleche
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870
Twitter Handle: @KELINKenya #UhuruHIVlist
Nairobi.
[…] treat children living with HIV/AIDS. However, the report collected sensitive information that many feared [KELIN report] could lead to identification and stigmatization of those impacted. Activists used […]