The High Court at Kisumu (Shariff, J) has admitted two parties to the proceedings: the first is the Network of TB Champions, which has been admitted as an Interested Party to provide additional perspectives to the court on ongoing TB stockouts and the effect of this on persons living with HIV many of whom are vulnerable to TB infection. The management of TB is closely linked to HIV, necessitating the concurrent administration of anti-retroviral treatment or therapy for co-infected individuals. Professor Walter Jaoko, a medical expert has been joined as a friend of the court. He has been tasked with providing an independent opinion on the science behind the management and treatment of HIV, including on the need for antiretroviral medication and HIV related commodities in the management of HIV for people living with HIV.
With these additions, Court has directed that the hearing of the case challenging the state failure to ensure continuous and uninterrupted supplies of lifesaving ARVs and essential for HIV management commodities in public health will be heard on 31st January 2024, at the Kisumu Law Courts.
The ongoing shortages of life-saving antiretroviral medications and HIV-related commodities such as testing kits and reagents used in testing persistently undermine the right to the highest attainable standard of health. Antiretroviral medications are crucial for individuals living with HIV, and interruptions in their daily supply due to stockouts expose them to opportunistic diseases and infections, threatening their right to life and health.
The outcome of this case is pivotal in reinforcing the government’s obligation to uphold the right to the highest attainable standard of health, ensuring access to ARVS medication and related commodities for persons living with HIV at public health facilities.
The Petitioners look forward to attending court on 31st January 2024 in the hope that the court shall hold the state accountable for the shortage of life saving ARVs in the country, as well as to ensure that everyone living with HIV has access to the treatment and support, they need to live long and healthy lives.
PLEASE NOTE: The 1st – 3rd Petitioners request that their names and identity should not be disclosed in the media to protect the confidentiality of their health status and personal circumstances. A court order has been granted to this effect and they will not be available to give interviews.
For More Information:
Nyokabi Njogu
Advocate for the 1-6th Petitioners
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road PO Box 112 – 00202 KNH
0790111578; litigation@kelinkenya.org
