.Uhuru HIV order illegal, say groups

Lawyer Allan Maleche (left) with his client, Mr James Kamau, when they filed a petition at the High Court in Nairobi on June 15, 2015 challenging President Kenyatta’s directive to ministries to profile HIV-positive schoolchildren. PHOTO | PAUL WAWERU |  NATION MEDIA GROUP

In Summary

• In his February 23 directive, Head of State wanted data on children’s guardians and mothers.
• Civil society organisations file petition against decree they say violates rights of children living with virus.

By PAUL OGEMBA
More by this Author

Civil society groups have challenged the government’s plan to collect data on schoolchildren living with HIV/Aids.

The Kenya Legal and Ethical Issues Network on HIV and Aids (KELIN) and Children of God Relief Institute have filed a petition in court to stop the profiling of the children, saying it is unconstitutional and a violation of their rights.

Through lawyer Allan Maleche, they accused the ministries of Health, Education and Interior of implementing President Uhuru Kenyatta’s directive without consulting persons living with HIV/Aids.

“The method of collecting data is prejudicial to the rights of people living with HIV. It is like they have no right to protection from the law and to be treated equally,” said Mr Maleche.

On February 23, President Kenyatta directed county commissioners and the three ministries to collect up-to-date data and prepare a report on all children living HIV/Aids.

They were also asked to collect information on the children’s guardians, expectant mothers, who are HIV positive and breast-feeding mothers living with the virus.

The civil society groups have termed the directive as illegal.

“It is against the Constitution, which guarantees the State shall not discriminate against any person based on health status. The directive is intended to lower the dignity of those living with the disease and cause them stigma,” said Mr Maleche.

The rights groups also accused the National Aids Control Council of illegally holding the names of the people living with HIV/Aids, and disclosing them to the government without the knowledge of the victims.

The lawyer said disclosure of names is contrary to the HIV/Aids Prevention and Control Act, which stipulates that the names of those affected should be kept confidential.

Mr Maleche submitted that despite receiving numerous advisory opinions against implementing the directive, the ministries have gone ahead with data collection.

“Several constitutional commissions and organisations working with persons living with HIV have written to the three Cabinet secretaries warning them against implementing the order but they have rejected the advice,” said Mr Maleche.

The petition details instances where government officials forced HIV positive persons to give their data in exchange for State support.