Media Advisory: Mention of Petition 447 of 2018 challenging the constitutionality of Section 26 of the Sexual Offences Act
What: Mention of Petition 447 of 2018
The High Court in Nairobi will on 14 October 2019 mention Petition 447 of 2018 and confirm the status of the case; if the petitioners and respondents have adhered to the court orders issued in July 2019. The Court will also hear the application to enjoin in the case by HIV Justice Worldwide.
The petition challenges the constitutionality of Section 26 of the Sexual Offences Act which criminalizes deliberate transmission and or exposure of a sexually transmitted disease.
Who: Kenya Legal and Ethical Issues Network on HIV (KELIN), and EM, SN, SKM, MA, MR and JW who are represented by the firm of NOW Advocates LLP. The case has been filed against the Attorney General and the Director of Public Prosecution.
Why: The intention of the Petitioners in filling this case is to highlight to the Court how Section 26 of the Sexual Offences Act violates the right to freedom from discrimination, freedom from cruel, inhuman and degrading treatment, the right to dignity and the right to health in the Constitution of Kenya.
They will also highlight the possible negative impact that the section has on public health efforts to promote regular testing of HIV and STIs; how the section criminalizes low and no risk sexual activities; and how the section has the potential for discriminatory and irrational enforcement.
When: Monday 14 October 2019
Where: High Court of Kenya, Court number 1, third floor, Milimani Law Courts
To contribute to the discussions on this forum, follow KELIN on our social media platforms, using the hashtags #PositiveJustice #HIVCriminalization and #StandUp4HumanRights.
Twitter: @KELINKenya
Facebook: http://www.facebook.com/kelinkenya
For more information, contact:
Ted Wandera
Program Officer
Kenya Legal and Ethical Issues Network on HIV/AIDS (KELIN)
4th Floor, SomakBuilding, Mombasa Road
Tel: +254202515790; Cell +254788220300
Email: twandera@kelinkenya.org
