‘Am glad that four years after filing this case I have finally told the court what happened to me and I have the belief that I will get justice at the end of this not only for me but for other women facing similar changes.’
On 25 and 26 September 2018, the High Court in Nairobi heard the testimony of three women living with HIV in the case challenging their forced and coerced sterilisation. In their testimonies, the three women, SWK, PAK & AMM, informed the court of the circumstances under which they were sterilized, the effect it has had on their lives and the reliefs they sought from the court.
‘Am glad that four years after filing this case I have finally told the court what happened to me and I have the belief that I will get justice at the end of this not only for me but for other women facing similar changes,’ reflected SWK at end of the hearing.
The court also heard the expert testimony of Dr Khisa, an obstetric gynaecologist, who confirmed the fact that the women had been sterilised by way of tubal ligation. He informed the court that he undertook two confirmatory tests to ascertain that the women had been sterilised. This was in addition to the history that they gave him.
The evidence of Gladys Kiio of the Africa Gender and Media Initiative Trust (GEM) was the last to be heard by the court. GEM, the sixth petitioner in the case, had undertaken the research study titled, ‘Robbed of Choice’, in 2011. The study brought to light the reality that women living with HIV were being forcefully and unlawfully sterilised by way of bilateral tubal ligation, in Kenya. The witnesses were subjected to cross-examination from the lawyers representing MSF, Marie Stopes International and the Cabinet Secretary, Ministry of Health.
Having heard from all the petitioners’ witnesses, the court will proceed to hear the testimony of the respondents. A further hearing will be held on 16 November 2018 when MSF will call on board six witnesses.
To contribute to the discussions on this forum, follow KELIN on our social media platforms using the hashtag #Justice2Health.
Twitter: @KELINKenya
Facebook: @kelinkenya
The case petition is available here.
For more information contact:
Allan Maleche,
Advocate for the Petitioner’s and
Executive Director, KELIN
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
Tel +254202515790; Cell +254708389870;
Email: amaleche@kelinkenya.org
Or
African Gender and Media Initiative
3rd Ngong Avenue, Upper Hill Gardens, Apt #E-06
Telephone: 020-2113093/4
P.O. Box 50429-00200 Nairobi
Website: www.gem.or.ke
Twitter: @GEM_Africa
Facebook: African Gender and Media Initiative Trust
