Case Challenging an Unconstitutional Presidential Directive Fails to be mentioned

Constitutional and Human Rights Division Judge Justice Isaac Lenaola did not sit to mention Petition No. 250 of 2015. The purpose of the mention was to determine whether a response has been filed to the affidavit sworn by the Director of the National AIDS Control Council (NACC). The Court was to further give directions on how the case will proceed given that a response had been filed to the affidavit by the Director of NACC.

The President issued a directive on 23 February 2015 to County Commissioners, to work with County Directors of Education and Medical Services, to collect up-to-date data and prepare a report on:

  • All school going children who are HIV positive and information on their guardians;
  • Number of expectant mothers who are HIV positive: and
  • Number of breastfeeding mothers who are HIV positive.

The data was to be collected in a prescribed matrix that would directly link the above mentioned persons with their HIV status, thus putting them at a risk of being stigmatized and discriminated against. The children would be linked to their home area and school. The advocates of the petitioners will seek for a new mention date at the court registry.

 

For more information contact:
Allan Maleche
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Mombasa Road, Somak Building, 4th Floor
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870
Twitter Handle: @KELINKenya #UhuruHIVlist.