Ministry of Health Issues a Circular in Compliance with Court Orders

On 12 May, 2016, the Principal Secretary for Health, Dr. Nicholas Muraguri, issued a circular to all health officials informing them that confinement of patients with infectious diseases for purposes of treatment should be done in health facilities and not in prison. The circular was sent out in compliance with a court order, given by Justice Mumbi Ngugi, when she made her landmark judgment on 24 March, 2016, declaring the act of confining TB patients in prison for purposes of treatment as unconstitutional.

The circular further informed the health officials that court orders should be sought for isolation in cases where all reasonable efforts have been taken and the patient is still interrupting his/her treatment. The court had ordered that the Cabinet Secretary, Ministry of Health in consultation with the county governments develop guidelines on the involuntary confinement of TB patients and persons with other infectious diseases by 22 June, 2016. The circular has indicated that these shall be developed in due course.

Mr. Allan Maleche advocate for the petitioners noted that:

 “This is a welcome but expected action by the Ministry of Health officials, that will see clear policy direction on this contentious issues. Am glad to see they are complying with the court order and trust that they will involve all stakeholders in the development of the policy within the timelines set by the court. The power given to the court and the people by the Constitution of Kenya has provided an option to use the court systems to influence positive policy change in the health sector”.

On 12 May 2016, a number of civil society organizations and community based organisations wrote to the Cabinet Secretary of health requesting for their involvement in developing the guidelines in line with the Constitutional principle of public participation. The case is set for mention on 30 June 2016, to allow the Cabinet Secretary Ministry of Health to provide formal updates to the court on the progress made in compliance with the court orders.

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 For more information contact:
Allan Maleche

Advocate for the Petitioners and Executive Director KELIN

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road

Tel +254202515790; Cell +254708389870;

Email: amaleche@kelinkenya.org