Coram Lady Justice Ngugi – presiding Judge Mr. Luseno for the petitioners Mr. Omwanza for the interested party (AIDS Law Project) and amicus curiae ( UN Special Rapportuer on right to Health ) Ms Kimani for the respondents After almost three years of waiting since three petitioners living with HIV filed a constitutional petition challenging [...]
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.
The minister for medical services,vide legal notice No. 191 of 2010 dated the 18th November, 2010has purported to levy a two percent freight on board value on all drugs imported into the country,this is in addition to the usual import declaration Fee (IDE) of 2.75% that is levied on such drugs.
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
Mr H.M has been an employee in Consolata school since 1999.He started experiencing discrimination in course of his employment based on his health status.This resulted in being forced to disclose his Hiv + status to his boss.Prior to this,he was asked not to take a shower others were taking shower,The reason being that he could infect the children.His status was further disclosed to his colleagues.He was asked to resign by his boss (father Luciano).
This attitude is contrary to provision of the employment act and the Hiv/Aids prevention and control 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