On 6 March 2018, the High Court in Nairobi heard the testimony of a woman living with HIV who was forcefully sterilized by way of tubal ligation at a private facility in Nairobi.
L.A.W, the Petitioner in this case, was cross-examined by the advocates for Marura Nursing Home and the Ministry of Health. L.A.W told the court that she was forcefully sterilized without her consent due to her HIV status. She testified that she came to know she had been sterilized 4 years later, after several attempts to conceive failed. She stated she understood the effects of sterilization 8 years after she was sterilized.
She explained to the court that she was neither given an opportunity to choose a family planning method that she preferred nor given information on tubal ligation as a family planning method. She further told the court that none of the doctors and nurses who attended to her explained to her the effects of sterilization by way of tubal ligation.
In the petition filed on 10 December 2014, L.A.W challenges her forced and coerced sterilization on grounds that it violates a number of her fundamental rights including the right to sexual and reproductive health and freedom from discrimination.
L.A.W hopes that the court will order the Minister of Health together with the Attorney General to put in place guidelines and policy measures on sterilization and informed consent to ensure this does not happen to other vulnerable women in the society.
The case is expected to continue on 22 May 2018 when the witness from Marura Nursing Home shall provide their testimony.
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To read court documents see here;
Petition and supporting affidavit.
Marura Nursing Home response to the petition
Minister of Health and Attorney General response to the Petition
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
