On 8th December 2014, there was significant progress made in the hearing of petition 605 of 2014 with the court concluding the taking of oral evidence from all the parties. Dr Oyombe, the final witness on behalf of Marie Stopes Kenya, presented his evidence before Justice Mrima of the Constitutional and Human Rights Division (High Court of Kenya) and was cross examined by the lawyers of the other parties to the case. This means that no new evidence can be brought on board at this stage.
The parties have been directed to make available to the court their written arguments on facts and law to enable the court arrive at a conclusion. The submissions are to be made over a period of 60 days, with the petitioners expected to file their submission by 11th January 2020 and the respondents within 30 days after receiving the submissions from the petitioners. The case will be come up on 15th March 2020 to enable parties highlight salient issues of their arguments and eventually receive a judgment date from the court.
Petitions 605 of 2014 was filed on 10th December 2014, six years ago, challenging the forced and coerced sterilization of four women living with HIV. While the petition has been outstanding for some time, the petitioners are looking forward to a speedy conclusion of the matter and seeing justice served.
PLEASE NOTE: The petitioners request that their names and identity should not be disclosed in the media to protect them from further stigma and discrimination on the basis of their HIV status. They are therefore not available to give interviews.
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Petition 605 For more information:
Allan Maleche,
Advocate for the Petitioner’s and
Executive Director,
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
Po Box 112 – 00202 KNH
NAIROBI
Email: amaleche@kelinkenya.org
