From left to right : James Njenga Kamau,Rachier & Amollo advocate Nduru Gichamba & KELIN Executive Director Allan Maleche
Nairobi, August 17. The Director of the National AIDS Control Council (NACC) has filed a response to a landmark case challenging an unconstitutional presidential directive that seeks to collect and store the names and personal details of persons living with HIV in a public database. This was during the mention of the case on 14 August 2015, before Justice Isaac Leonaola.
Some of the key issues raised in Dr.Kilonzo’s affidavit, in which she supported the Presidential directive, include:
i. That the Presidential directive did not breach any constitutional rights and possible misinterpretation or implementation, of the directive, resulting in breach of the petitioners rights cannot render the directive unconstitutional.
ii. That the availability of names of people living with HIV in public register does not breach any law or amount to profiling of persons living with HIV or propagate stigma and discrimination.
iii. That the case filed does not represent the views of Kenya’s largest network of People Living with HIV (NEPHAK).
iv. That the right to privacy and confidentiality can be limited.
v. That the court should not allow the litigation process to be used for the purpose of increasing fear of stigmatization of persons living with HIV.
Through the firm of Rachier & Amollo, KELIN, Children of God Relief Institute (Nyumbani), James Njenga Kamau and Millicent Kipsang will respond to this affidavit within 21 days as directed by Justice Isaac Leonaola.
Court Documents
i. Petition 250 of 2015
ii. Dr Kilonzo’s Replying Affidavit
iii. Minutes of the NACC & NEPHAK Meeting
