Description
The Petitioners aim to hold the Cabinet Secretary for Health and the Kenya Medical Supplies Authority (KEMSA) accountable for their failure to ensure continuous and uninterrupted supplies of life-saving ARVs and essential commodities for HIV management in public health facilities.
The crisis of medicine and commodity shortages in HIV treatment and management has persisted since 2020. Alarming reports continue to surface regarding the unavailability of crucial testing kits, including those for early infant diagnosis and viral load testing. Furthermore, there are ongoing stockouts of medications vital for treating conditions like tuberculosis, which PLHIV not receiving appropriate treatment are at risk of contracting.
This dire situation is further exacerbated by the Government of Kenya’s reliance on donations to fulfill its obligations concerning access to essential medicines and PLHIV treatment. Simultaneously, incidents of corruption and mismanagement have strained relations with donors, perpetuating the shortage of essential medicines.
The outcome of this case is pivotal in addressing the underlying issues surrounding access to life-saving medicines and commodities for PLHIV. It seeks to establish a precedent that prioritizes the health and well-being of PLHIV above all else.
Current Status
Updated January 31, 2024
The matter came up in court on 19th October 2023 for mention and for the purposes of confirming compliance with the orders issued on 3rd October 2023. All the orders had been complied with except for prayer 6 of the Notice of Motion which the parties intended to argue orally in court and/or take directions from the court. The court directed that the order will be argued in the main petition and gave a hearing date. The Petitioners case was presented to the court on 31st January 2024. The petition is scheduled for further hearing on 16th February 2024. Further hearing of the Petition on 16th February did not proceed as the Advocate for the respondent was indisposed. Hearing adjourned to 11th March 2024.
Previous Updates
The matter came up in court on 19th October 2023 for mention and for the purposes of confirming compliance with the orders issued on 3rd October 2023.
All the orders had been complied with except for prayer 6 of the Notice of Motion which the parties intended to argue orally in court and/or take directions from the court.
The court directed that the order will be argued in the main petition and gave a hearing date.
The matter came up in court on 19th October 2023 for mention and for the purposes of confirming compliance with the orders issued on 3rd October 2023.
All the orders had been complied with except for prayer 6 of the Notice of Motion which the parties intended to argue orally in court and/or take directions from the court.
The court directed that the order will be argued in the main petition and gave a hearing date.
The matter will come up on the 31st of January 2023 for hearing of the main petition.Toggle Content
