The case challenging the state’s inaction in provision of essential medicines and commodities shall now be heard on 26th June 2024. The parties had been set to attend court to orally highlight the final arguments on 24th April 2024, but the case was taken out of the hearing list as the Court was not sitting.
This petition challenges and seeks to hold the Cabinet Secretary, Ministry of Health and Kenya Medical Supplies Authority (KEMSA) accountable for their failure to ensure continuous and uninterrupted supplies of life-saving ARVs and essential HIV commodities during the period of stockout experienced in 2020 – 2022 across public health facilities in the country. This threatened the right to life and the right to the highest attainable standard of health of Persons Living with HIV (PLIV) as guaranteed under the Constitution of Kenya and the Health Act.
When the matter was last in court on 11th March 2024, parties were directed to file their written arguments before the Court. KELIN has since complied with this order, and filed arguments demonstrating to the court how the shortage of life saving antiretroviral medications and HIV – related commodities such as testing kits and reagents undermine the right to the highest attainable standard of health as enshrined under Article 43 (1) (a) of the Constitution of Kenya for Persons Living with HIV (PLHIV).
KELIN looks forward to attending court on 26th June 2024 to highlight its written arguments before court on the negative impact of interrupted supply of ARVS and HIV related commodities on PLHIV. The vision of Universal Health Coverage in Kenya can only be realized when health services and products are available, affordable, accessible, acceptable and of the right quality.
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, Contact:
Nyokabi Njogu
Advocate for the 1 – 6th Petitioners
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 790 111578
