The High Court in Nairobi on 1 August 2017 failed to mention the case that challenged the unconstitutional and unlawful incarceration of TB patients (Petition 329 of 2014). The Court is on recess starting 1 August 2017 to 15 September 2017.
The purpose of the mention was to confirm whether the Cabinet Secretary Ministry of Health had complied with the following orders issued by the court in the judgment delivered on 24 March 2016:
- Issuing a circular clarifying that section 27 of the Public Health Act does not authorize confinement of persons suffering from infectious diseases in prison;
- Developing a policy on the involuntary confinement of persons with TB and other infectious diseases; and
- Filing an affidavit in court detailing the policy measures put in place on the involuntary confinement of persons with TB and other infectious diseases
The government has partly complied with the orders and issued a circular to health facilities, clarifying that the Public Health Act does not authorize confinement of TB patients in prisons. Notably, the process of developing a TB isolation policy in consultation with stakeholders is underway.
We will seek to get a new mention date to ensure that the court orders are complied with as their implementation will have a positive ripple effect nationally, regionally and globally. “This case comes at time when a report of a similar case has been made in Kericho County, a case which we are keenly following as KELIN,” said Allan Maleche, Executive Director of KELIN and advocate for the petitioners.
To contribute to the discussion and for live updates follow KELIN on our social media platforms: Twitter: @KELINkenya using hashtag #TBIsNotACrime
See also: TB is not a crime video.
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 Tel +254202515790;