Media Advisory: Mention of Petition 250 of 2015 Challenging an Unconstitutional Presidential Directive

What: Justice Isaac Leonaola will give direction on how a landmark case challenging an unconstitutional presidential directive will proceed. He will also give a hearing date for the case. The directive by His Excellency Hon. Uhuru Muigai Kenyatta, was issued to County Commissioners, directing them 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, 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 data 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, in addition to their HIV status.

Who: Kenya Legal and Ethical Issues Network on HIV (KELIN), the Children of GOD Relief Institute (Nyumbani), James Njenga Kamau and Millicent Kipsang, who are represented by Rachier & Amollo Advocates, filed the case challenging the implementation of the directive. Mr. Anand Grover, the former Special Rappouter for Health and a leading human rights lawyer who has been involved in issues related to law, human rights and HIV & AIDS for over three decades, was allowed to join the case on 10 July 2015 as a friend of the court.

Why: The directive will introduce a new era of “naming and shaming” that has always been beneath the government and people of Kenya. The directive has the potential of exposing persons living with HIV to human rights violations such as the right to privacy, confidentiality, discrimination at home, work and in school. It will roll back years of work on HIV by impacting negatively on the health seeking behaviour, thereby increasing the risk that people will hide their HIV positive status, rather than seek treatment. Patients who seek treatment may also withhold important information out of concern for their privacy, or the fear that confidentiality will be breached. In addition, this concern may prevent patients from receiving full and appropriate treatment, including taking up life-enhancing and life-saving treatments if they fear that someone may see them. Forcing people to disclose their status, or those of their loved ones, has never helped to increase treatment rates and this directive will be no different.

When: Friday, August 14, 2015. 1000 hrs

Where: High Court of Kenya at Nairobi, Milimani Law Courts Court No 1 on 3rd Floor.

For further information contact:
ALLAN MALECHE
KENYA LEGAL AND ETHICAL ISSUES NETWORK ON HIV & AIDS (KELIN)
MOMBASA ROAD, SOMAK BUILDING 4^th FLOOR
PO BOX 112-00200, KNH
EMAIL: amaleche@kelinkenya.org
MOBILE NO: +254 708 389 870
Twitter Handle: @KELINKenya #UhuruHIVlist
NAIROBI.