“ I’m elated to finally have this case successfully completed after eight years of litigation. By fully complying with the court order, the National Tuberculosis, Leprosy and Lung Disease programme (NTLD-P) has demonstrated that it has the interests and will, to ensure that the rights of people with Tuberculosis (TB) are safeguarded. The conclusion of this matter also demonstrates the relevance of structural remedies and the ability of courts to influence positive policy change with well thought out decisions”.
These were the reflections of Allan Maleche, KELIN’s Executive director on 10 July 2018, after the High Court in Nairobi marked as settled a case that was filed in September 2010 to challenge the unlawful and unconstitutional incarceration of people with TB who interrupt their treatment.
Mr Obura, state counsel representing the Ministry of Health, informed the court that his client had fully complied with the orders of the court issued on 24 March 2016. In her affidavit, Dr Eunice Omesa, a senior medical officer at the NTLD-P, informed that court that the Ministry of Health had complied with the court order by doing the following:
i. Issuing a circular to all public and private medical facilities and public officers clarifying that Section 27 of the Public Health Act does not authorize the confinement of persons with infectious diseases in prison.
ii. Developed and launched in consultation with stakeholders a rights based National Tuberculosis Leprosy and Lund Disease Program (TB isolation policy).
Going forward KELIN will continue to work with communities of people with TB, the national TB program, county governments, development partners and like-minded stakeholders in ensuring that the policy is adopted at all levels to ensure that human rights of persons with TB are respected and promoted in line with the Constitution of Kenya 2010. We will also ensure that the outcome of the case is widely disseminated for others in similar circumstances to make use of.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #TBIsNotACrime
Resource materials
- Tuberculosis (TB) Isolation policy –2018
- Court Judgment Petition 329 of 2014
- Court Decree Petition 329 of 2014
- Video on TB is Not A crime
- Petition 329 of 2014
- Government Circular Implementing the Court Judgement
- Court Order – PT 329 OF 2014
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
