Patricia Asero Ochieng’ and
3 others Petitioners
The Attorney General Respondent
Aids Law Project 1st Interested party.
Annand Grover, United Nations Special
Rappoteur for health 2nd Interested party
STATEMENT OF MAIN ISSUE
In 2008, Parliament enacted an Anti-counterfeit Act (Act No. 13 of 2008) whose objective is to prohibit the trade in counterfeit goods. The Act was assented by the President on 24th December 2008. Date of commencement was 7th July 2009 through Legal Notice No. 115.
SHORT DESCRIPTION OF THE UNDERLYING FACTS
Pursuant to Sections 2, 32 and 34 of the Anti Counterfeit act , antiretroviral medications fall within the ambit of counterfeit drugs. And as a result their continued use is deemed to be illegal and criminal as per commencement of the Act. This in turn endangers the petitioners’ lives as well as other Kenyans living with HIV and AIDS as they will be arbitrarily denied access to affordable and essential drugs and medication necessary for fulfillment of the right to life
The matter will come up for hearing on 31st May 2011. All parties will make submissions before the presiding Judge.