On 28th January 2025, the High Court in Kakamega admitted the Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN) as the third Interested Party in the case of R.F through Donald Abel Anyanga Indumuli (suing as guardian and next friend of R.F) and Another v The CS, Ministry of Health & 7 Others, Petition E008 of 2024.
The Petition before the court contests the administration of contraceptives to minors, without prior parental consent or adequate information provided to the minors parents beforehand. The Petitioners argue that by bypassing parental involvement in decisions concerning the welfare and safety of their children, the respondents violated the right to the highest attainable standard of health and the rights of the child as provided under the Constitution of Kenya, 2010. The Petitioners have sought various reliefs from the court including the reinforcement of third-party consent in all cases involving adolescents’ access to sexual and reproductive health services or information, without consideration of individual circumstances or the evolving capacity of adolescents.
KELIN has been allowed to participate in the petition as an interested party, and intends to provide the court with an alternative perspective as to how imposing blanket parental and third party consent negatively impacts access to essential sexual and reproductive health rights (SRHR) services for capable minors and adolescents. Such blanket restrictions undermine the best interests of the child and violate the right to the highest attainable standard of health, including reproductive healthcare and information, as guaranteed under Article 43(1)(a) and Article 53(1)(c) of the Constitution of Kenya, 2010.
Parties return to Court on 5th March 2025, when the court will deliver its ruling on the petitioners’ application seeking the expansion of the bench to a three-judge bench. KELIN looks forward to contributing to the determination of this petition.
For more information, please contact:
Nyokabi Njogu & Catherine Namulanda
Advocates for the 3rd Interested Party
Kuwinda Lane, Off Lang’ata Road
P.O Box 112 -00202 KNH Nairobi.
Tel: +254790111578 Email: litigation@kelinkenya.org
