High Court to Deliver Judgment on #UhuruHIVList Case on 22 July, 2016

The judgment in a case in which KELIN, Children of God Relief Institute (Nyumbani), James Njenga Kamau and Millicent Kipsang, are challenging an unconstitutional Presidential directive, will be delivered on 22 July, 2016 at 2:00pm. The judgment will contribute to the jurisprudence on the right to privacy and non-discrimination in the context of HIV and the right to health.

Constitutional and Human Rights Division Judge, Justice Isaac Lenaola, heard submissions from Mr. Allan Maleche and Mr. Nduru Gichamba on behalf of the petitioners. They argued that the directive violated the provisions of Article 31 of the Constitution (right to privacy), Sections 20, 21 and 22 of the HIV & AIDS Prevention and Control Act 2006. They further argued that the Cabinet Secretary for Health should be compelled to come up with guidelines in form of regulations that guide the collection and storage HIV related information. They urged the court to allow the petition and the remedies sought.

The government responded through Mr. Charles Kamunya, who argued that the directive was well intentioned as H.E the President was seeking to ensure that every child living with HIV gets to access antiretroviral therapy. He further argued that no human rights had been violated in the process of collecting the names. Ms. Oduor, on behalf of Mr. Anand Grover, the former special rapporteur for the right to health, submitted that the directive significantly increases the risk of involuntary exposure in that an individual’s HIV-related medical information will be disclosed without informed consent and would lead to violation of the right to privacy and non-discrimination.

The directive by H.E the President was prompted by the launch of the All in Campaign against adolescent infection and death by HIV-AIDS. This is a noble initiative seeking to reduce death by HIV & AIDS among adolescents. The campaign is supported by key organisations such as UNICEF, UNFPA Global Fund and UNAIDS and WHO.

To contribute to the discussions on this forum follow KELIN on our social media platforms: Twitter: @KELINkenya using hashtag #UhuruHIVlist

Facebook: http://www.facebook.com/kelinkenya

For background on the case:  https://www.kelinkenya.org/2015/06/announcement-2/

 Court documents

  1. Petition 250 of 2015
  2. Respondent’s replying affidavit
  3. Submissions by the petitioner
  4. Submissions by the respondents
  5. Submissions by Amicus

For more information contact:
Allan Maleche

Advocate for the Petitioners and Executive Director

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870