AIDS Law Project (ALP) in conjunction with Open Society Foundation (OSF) Access to Essential Medicines Initiative (AEMI) is currently running a fellowship in access to medicines, intellectual property and human rights. The Fellow’s work include working closely with other stakeholders in Kenya to help develop legal advocacy and access to medicines expertise at key civil society organizations and to foster the development of a new generation of activists interested in working in the area of access to medicines, intellectual property and human rights.AIDS Law Project (ALP) in conjunction with Open Society Foundation (OSF) Access to Essential Medicines Initiative (AEMI) is currently running a fellowship in access to medicines, intellectual property and human rights. The Fellow’s work include working closely with other stakeholders in Kenya to help develop legal advocacy and access to medicines expertise at key civil society organizations and to foster the development of a new generation of activists interested in working in the area of access to medicines, intellectual property and human rights. Other responsibilities include:
a. Analysis of Anti-Counterfeit legislation and its impact on access to medicines
b. Engagement in on-going court proceedings including writing brief commentaries on the issues both on national newspapers and online
c. Preparation of messages directed to policy makers as well as members of the public
d. Analyse the national procurement and supply management (PSM) legislation
e. Preparation of shadow reports to human rights bodies on access to medicines
f. Collaboration with stakeholders
g. Capacity development of CSOs interested in working on access to medicines area.
The fellowship is running for a period of 12 (twelve) months from 1st March 2011 to 28th February, 2012. All stakeholders are encouraged to take advantage of this opportunity to engage the Fellow in their work on access to medicines.
AIDS LAW PROJECT and Others –JUDICIAL REVIEW. 376 OF 2010 & THE MINISTER OF MEDICAL SERVICES & PHAMACY AND POSIONS BOARD
The matter came up for hearing on the 15th March 2011; this was a mention to confirm whether the parties had agreed to the consent.
Mr. Munge was present for the respondents; Ms. Onyango Oduor was present for KMA , Mr. Omwanza for the interested parties ( CSO’s), Mr. Otieno for the pharmaceutical association, and Mr. Mutinda for the state.
Mr. Munge started by pointing out that the parties have appeared before severally and there was a consent that has for a while been negotiated.He further pointed out that the interested parties had not agreed to the consent.
Mr. Omwanza stated that he represents people who are directly affected by the tax increment since they are the consumers of the drugs, while the ex parte Applicants represent manufacturers. The position of interested CSO’s is that tax should not be levied arbitrarily on medicines.
Mr. Mutinda pointed out that he has been brought into the matter late and was not part of negotiating the consent therefore could not take a position on the same. Ms,Onyango for KMA stated they were ready to consent on the same grounds put forward by Mr. Munge.
The learned judge observed that consent cannot be forced on the parties and therefore the matter shall proceed for a hearing. He further directed that the applicants file in their written submissions within 14 days. Other parties shall file a reply within 14 days from the filing and the applicants could respond to any issues raised 7 days thereafter. The matter will be mentioned on the 16th May 2011 for purposes of taking directions on the date for highlighting the submissions.
HIV/AIDS prevention and control act (HAPCA) booklet is available online,You can now download it from Aids law project website link.The booklet has been distributed to various human rights partners and to the society.A community radio will be used to educate and pass the information to the public about the act,Aids Law project is to establish networks within radio stations.
Section 24: Aids Law project tried to mobilize different partners to strategize on areas of advocacy i.e. NEPHAK, IPPF (support in international advocacy). The date given for the budgetary fund to be released for the HIV tribunal is the 31st of January. Tess is to find out when the operationalization of the tribunal will be from National Aids control council (NACC).
Taxation (2%) on Anti ARV’s and essential drugs: ALP wants it to stay from operating. An organization has gone to court to seek an injunction
National Hospital Insurance Fund (NHIF) recently announced that they will be increasing the rates of the contributions by about 500 % – 600% along with establishing outpatient coverage. The Central Organization of Trade Unions (COTU) sought to have NHIF restrained from enforcing the new contributions.
Civil Society Organizations (CSO’s) held series of meetings where they strategized ways of supporting NHIF’s new plan. They also arranged a meeting with senior NHIF officials to show support of NHIF’s proposals to establish outpatient coverage. In the meeting it was planned to give a set of constructive suggestions to improve results, accelerate uptake and win over great public support. The first meeting at NHIF offices was on 2nd November. Unfortunately the person expected and an appointment had been booked with, Mr. Chacha Marwa, did not attend but he sent two of NHIF’s staff to give a presentation of their current and proposed benefits.
ALP together with other civil society health advocacy groups attended a court hearing to witness the COTU vs NHIF hearing to oppose legal barriers to expand health benefits.ALP and other activists and patient weared matching T-shirts with an image of pills. This symbolized the pills family need on an outpatient basis to stay working and healthy.
Roselyn Buyeka from Kenya’s Stop the Stockouts campaign confirmed that there is a strong need of outpatient coverage including medicine and lab work for people with chronic diseases.
The advocacy was aimed at ensuring that each Kenyan realize his/her constitutional rights. Further,the activist urged NHIF to undertake civil education to ensure that existing and proposed benefits are widely understood by everyone and that facilities under contract to NHIF are equipped and staffed to effectively deliver constitutional rights to health to all Kenyan.
ALP together with other civil society health advocacy groups have been pressing NHIF to adopt more progressive health policies to increase access. Also they have been opposing legal barriers to rollout of expanded benefits.
Since the start of November 2010, ALP has been distributing Hiv and Aids prevention and control act booklets to various networks. This is to create public awareness on the act and also for the PLHIV’s to know their rights as outlined in the act.
The petitioners moved to court seeking declarations that there fundamental rights under section 70 and 71 of the constitution had been infringed with the implementation of the Anti counterfeit Act, 2008. Aids Law Project was enjoined as an interested party, applied to have section 2,32 and 34 of the Counterfeit Act No. 13 of 2008 to be stayed pending the hearing and determination of the petition. Further there was an application filed to enjoin the anti counterfeit agency as the second respondent and the court grant conservatory orders staying section2,32and 34 of the act
The commencement of the Act brought into being the anti counterfeit agency, a body charged with enforcing the provisions of the Act. The petitioner and interested party were challenging sections 2,32 and 34 of the act which will deny the petitioners and other people infected with HIV the right to access affordable and essential drugs and medication infringe on their right to life and as a result, the enforcement of the Act would jeopardize the availability of generic drugs and medication and as result infringe on their right to life.
The respondent argued that the prayers sought by the petitioners were misconceived and lack merit he argued that section 2 does not seek to out law anti reteroviral drugs and sections 32 and 34 should be read together with section 58(2) of the industrial property act and if the orders where given they would defeat the mischief meant to be addressed by the act as it includes a whole range of goods. he further submitted that no prima facie case had been disclosed
In the ruling the learned judge ordered that the applicants had sufficiently demonstrated that the petition was not frivolous but it does disclose an arguable case with chances of success and conservatory orders were granted in the interim. section 2,32 and 34 of the Anti Counterfeit Act no.13 of 2008 as relates the importation of generic drugs and medications. also the anti counterfeit agency was restrained from enforcing section 2,32,34 of the anti counterfeit act as relates to importation of generic drugs and medication.
This means that generic drugs will continue to be imported pending the hearing and determination of the suit.
Ask your doctor to write a short note that you can attach to the application. In the short note on his/her own letterhead, the doc should make one statement:”I have not diagnosed X as having any physical impairment, nor am I treating X for any physical impairment.”
That’s the only way I know to avoid the trap of being accused of lying on an application when a different person or different doc looks at the issue later on.
All health care workers are required to follow infection control practices and these are outlined in Policies of the institution. It does not make a difference if you have HIV, HEP C, etc. you still follow the guidelines that will help to prevent every patient from any potential infection, blood borne or otherwise.