Uhuru HIV List case adjourned as the Attorney General requests for more time to prepare

The #UhuruHIVList case failed to proceed for hearing as earlier expected. This was because the Chief State Counsel Mr. Njoroge requested the court to grant him more time to acquaint himself with the cases by the petitioners.  Though the application for adjournment was opposed on the ground that it would further unnecessarily delay the hearing of the case, the court granted the adjournment and ordered that the case proceed for hearing on 23 May, 2016 at 11:00am.

The Attorney General has filed written submissions in response to submissions filed by the petitioners. The submissions were filed on 16 May 2016, a day before the hearing. The following key issues are highlighted in the Attorney General’s written response:

  1. That the Presidential directive did not breach any constitutional rights and possible misinterpretation or implementation, of the directive, resulting in breach of the petitioners rights cannot make the directive unconstitutional.
  2. That the availability of names of people living with HIV in a public register does not breach any law or amount to profiling of persons living with HIV or propagate stigma and discrimination.
  • That the case filed does not represent the views of Kenya’s largest network of People Living with HIV (NEPHAK).

Justice Isaac Leonaola further granted the petitioners permission to file a written response to the issue raised by the Attorney General in his written submissions.

To contribute to the discussions on this forum follow KELIN on our social media platforms:

Twitter: @KELINkenya using hashtag #UhuruHIVlist

Facebook: http://www.facebook.com/kelinkenya

For background on the case:  https://www.kelinkenya.org/2015/06/announcement-2/

 Court documents

(i) Petition 250 of 2015

(ii) Respondent’s replying affidavit

(iii) Submissions by the petitioner

(iv) Submissions by the respondents

(v) Submissions by Amicus

 For more information contact:
Allan Maleche

Advocate for the Petitioners and Executive Director

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870