In today’s court session, the eagerly awaited continuation of proceedings in FA & Others v the Attorney General & Others Petition E008 of 2023 did not proceed as anticipated as counsel for KEMSA was indisposed.
This is a case challenging the inaction of the Ministry of Health in the provision of essential medication and commodities used in the management of HIV. It was expected that the Kenya Medical Supplies Agency would present a witness to speak to its actions in supplies management of HIV commodities in the period of the stockout experienced in 2020-2022.
Despite this unforeseen delay, the presiding Judge demonstrated a steadfast commitment to the administration of justice by acknowledging the paramount importance of expeditiously determining the question of the state’s responsibility in the provision of essential medication. The parties return to court on March 11th, 2024 at 9:00am for hearing of the respondents case when Dr. Andrew Mulwa, CEO of KEMSA, will be called upon to take the stand.
We look forward to attending court on this date given the petitioners’ testimonies highlighting the profound challenges they endured due to the scarcity of HIV commodities.
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
