Marura had a contractual agreement with PWC on the management of vouchers hence they argued that it is on this basis that they should also be enjoined since they are party to the right to health.
During the hearing, Marura requested that PWC and the Project Manager Reproductive Health Output Based Aid (OBA-RH) be enjoined as interested parties.
Counsel for Marura Maternity and Nursing Home, Mr. Seth Ojienda stated that if any liability is to be found against Marura Maternity and Nursing Home, they will not solely bear the costs but will want the interested parties, PWC and OBA-RH enjoined in the case to also shoulder the responsibility.
The case arose when five women living with HIV claim they were forcefully of coerced into sterilized in various health facilities in Nairobi County through a procedure known as bilateral tubal ligation. The procedures took place at Pumwani Maternity Hospital, Marie Stopes – East Leigh Clinic and Marura Maternity and Nursing Home.
Kenya Legal and Ethical Issues Network on HIV (KELIN) and Africa Gender and Media Initiative Trust (GEM) together with the five women living with HIV filed the petition on 9 December, 2014 in the High Court of Kenya (Constitutional and Human Rights Division) in Nairobi. The cases, a first of its kind in Kenya, will have far reaching ramifications for the realization of reproductive health services and rights. This is because they will determine whether a hospital has the power, without seeking consent from the women involved to sterilize them.
The petitioners intend to prove that as a result of the illegal and unconstitutional sterilization, various constitutional and human rights were violated.
The matter comes up on 9 December, 2015 at 9:00 am when the Judge will give a ruling on the applications to enjoin parties as interested parties and friend of the court.
