On the 31st January 2024 during the hearing of FA & Others v the Attorney General & Others Petition E008 of 2023 the Petitioners described to the court the difficulties that they had securing access to essential medicines and early infant diagnostic testing for themselves and their children during the period of the stockouts of ARVS and other commodities used in the management of HIV.
This happened after the Court declined an application by the Kenya Medical Supplies Agencies, who sought orders to join county governments to the petition, arguing that all health care service provision is devolved, and therefore ought to be carried out at the level of the county government. The advocates for the petitioners successfully countered this argument informing the court that the stockouts were caused due to a policy failure on the part of the national government that led to an inconsistent supply of medicines which in turn threatened the lives and health of PLHIV.
During the court hearing, the petitioners went through the evidence of the 1st – 4th petitioners who demonstrated the impact of the lack of commodities and how this affected them and their health. The court also heard that despite court orders issued on the 2nd October 2023 the 2nd and 3rd Petitioners to date, have not had consistent viral load testing due to a lack of test tubes used to collect samples.
At the close of the petitioner’s case, the court declined an application by the Attorney General, made on behalf of the Ministry of Health to file a response to the petition after other parties objected. The court noted that considering the Attorney General’s failure to comply with orders on filing of responses, allowing it to respond at this time, would be an ambush on the Petitioners.
The case will continue on Friday 16th February 2024 during which time Dr Andrew Mulwa, the CEO of KEMSA will take the stand.
PLEASE NOTE: The 1st – 3rd Petitioners request that their names and identity should not be disclosed in the media to protect the confidentiality of their health status and personal circumstances. A court order has been granted to this effect and they will not be available to give interviews.
For More Information:
Nyokabi Njogu
Advocate for the 1-6th Petitioners
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road PO Box 112 – 00202 KNH
0790111578; litigation@kelinkenya.org
