The High Court in Nairobi on 20 June 2017 failed to mention a case that challenged an unconstitutional presidential directive (Petition 250 of 2015). Justice E.C. Mwita who is handling the case was not available.
The purpose of the mention was for the court to confirm whether the government had complied with orders issued by the court. The court had in a judgment delivered on 7 December 2015 declared that the directive was unconstitutional and ordered government agencies to within 45 days codify the names collected as a result of the directive.
The president had in a directive issued on 23 February 2015 directed government agencies to collect names of people living with HIV, including names of school going children among others.
KELIN, Children of God Relief Institute (Nyumbani), James Njenga Kamau and Millicent Kipsang challenged the directive in court on the grounds that it was a breach to the right to privacy and confidentiality and was likely to expose persons living with HIV to stigma and discrimination, among other human rights violations. This resulted in the directive being declared unconstitutional and the government directed to codify the names collected.
The government is yet to adduce any evidence to show that is has complied with court orders.
To contribute to the discussions on this forum follow KELIN on our social media platforms: Twitter: @KELINkenya using hashtag #UhuruHIVlist
For more information contact:
Advocate for the Petitioners and Executive Director (KELIN)
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Mobile No: +254 708389870