Government skips mention of TB is Not A Crime Case

The government failed to send a representative on 14 February 2017 for the mention of a case that challenged the unconstitutional and unlawful incarceration of TB patients. (Petition 329 of 2014). The purpose of the mention was to confirm whether the government had complied with orders issued by the court, including filing an affidavit to confirm compliance.

 

The court had in a judgment delivered on 24 March 2016 declared that it is unconstitutional and unlawful to jail TB patient who have challenges adhering to TB medication. The court, in the judgment, ordered the Cabinet Secretary Ministry of Health 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

 

It is noteworthy to report that 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. Relatedly, the process of developing a TB isolation policy in consultation with stakeholders is underway.

 

The case will be mentioned again on 8 March 2017 for the government to outline the status of compliance.

 

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:

Allan Maleche

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;

Cell +254708389870;

Email: amaleche@kelinkenya.org