On 23 October 2017, the High Court in Nairobi mentioned the case that challenged the unconstitutional and unlawful incarceration of TB patients (Petition 329 of 2014). During the mention, Justice J.M. Mativo took note of the partial compliance of the orders of Justice Mumbi Ngugi issued on 24 March 2016. The government, thus requested the court for an additional two months to fully comply with the orders and formally update the court.
The case will now be mentioned on 7 February 2018.
In the delivered by Justice Mumbi Ngugi, the court had directed the government to:
- Issue a circular clarifying that section 27 of the Public Health Act does not authorize confinement of persons suffering from infectious diseases in prison;
- Develop a policy on the involuntary confinement of persons with TB and other infectious diseases; and
- File 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.
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
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road Tel +254202515790;