Actions Undertaken with Regard to Kenyan TB patient Case

A letter was written to Ministries in charge in regard to arrest and imprisonment of Kenyan two TB patients( Mr. Daniel Negtich, Mr. Henry Ngetich and Mr.Patrick Kipngetich Kirui).

Content of the letter
Facts of the case
Mr. Daniel Negtich, Mr. Henry Ngetich and Mr.Patrick Kipngetich Kirui were
arrested on the 12th day of August 2010 on the basis of the fact that they had severally defaulted
on their periodical prescribed medical treatment for TB. On their arrest they were remanded in
the Police cells with other accused person’s in remand. Daniel and Patrick were arraigned
before the Principal Magistrate at Kapsabet court. Due to his seriously poor health condition,
Henry was taken to the Kapsabet District Hospital and has since been admitted there where he
is receiving medical care. Mr. Zachariah Maina Bett, a Public Health Officer in Nandi Central
District, swore the affidavit that formed the basis for the magistrate’s order of confinement in
prison of Daniel and Patrick.

The key arguments in the affidavit were:
I. That the Nandi Central District Tuberculosis and Leprosy Coordinator, who swore the
affidavit, had information that the two respondents are tuberculosis patients under
II. That the respondents have severally defaulted periodical prescribed medical treatment
III. That they had exposed the general Public of Kiropket area and their immediate families
to the risk of contracting Tuberculosis.

On the basis of this affidavit the Magistrate issued an order on the 13th of August 2010,
Confining the two at the Kapsabet GK Prison in Isolation for 8 months for purposes of
Tuberculosis treatment.

Why we object.
In our view, the provisions of Section 27 the Public Health Act, were not applied and interpreted
correctly and were in no way utilised to protect the interests of the members of the Public as
envisioned by the Act.

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