Nairobi, May 5. Constitutional and Human Rights Division judge Justice Mumbi Ngugi has directed the Attorney General to file a written response to a TB petition within 14 days from 4 May 2015. This was during the mention of the case, which was filed on13 August, 2010. The court further directed the petitioners, who are represented by Allan Maleche of KELIN, to file their submission 14 days after being served with the Attorney General’s response.
The case is about Mr. Daniel Ng’etich, Mr. Henry Ng’etich and Mr.Patrick Kipng’etich Kirui who were arrested on 12 August, 2010 for having severally defaulted on their prescribed medical treatment for TB. They were remanded in the police cells with other accused persons. Daniel and Patrick were arraigned before the Principal Magistrate at Kapsabet court. Due to his very poor health condition, Henry was taken to the Kapsabet County Hospital. Mr. Zachariah Maina Bett, a Public Health Officer in Nandi County, swore the affidavit that formed the basis for the magistrate’s order of confinement in prison of Daniel and Patrick for period of eight months. The two were released after serving two months following interventions from civil society organisations.
The case is about Mr. Daniel Ng’etich, Mr. Henry Ng’etich and Mr.Patrick Kipng’etich Kirui who were arrested on 12 August, 2010 for having severally defaulted on their prescribed medical treatment for TB. They were remanded in the police cells with other accused persons. Daniel and Patrick were arraigned before the Principal Magistrate at Kapsabet court. Due to his very poor health condition, Henry was taken to the Kapsabet County Hospital. Mr. Zachariah Maina Bett, a Public Health Officer in Nandi County, swore the affidavit that formed the basis for the magistrate’s order of confinement in prison of Daniel and Patrick for period of eight months. The two were released after serving two months following interventions from civil society organisations.
Globally Kenya is ranked 15th among the 22 high TB burden countries that collectively share about 80 percent of the world’s TB cases. The prevalence rate per 100,000 adults in Kenya is 268, as of 2013 (Global Health Facts). Moreover, there is growing resistance to TB medications. In Kenya there are approximately 553 patients with Multi Drug Resistant TB, out of whom only 230 (43%) are receiving treatment for Multi Drug Resistant-TB as at December 2011.
The matter will be mentioned on 22 June 2015 to ensure that all parties have complied with the court order: a hearing date will then be agreed upon.
Petitioner’s court documents
