Kenyatta National Hospital in Nairobi. PHOTO | FILE | NATION NATION MEDIA GROUP
Before March 24, 2016, tuberculosis patients in Kenya who
interrupted their medication were confined in prison by the government
for up to eight months. But that changed when the High Court of Kenya
declared such confinement unlawful and unconstitutional.
The
ruling was a victory not just to Kelin, a civil society organisation,
which filed a petition arguing that congested prison facilities subject
sickly people to poor nutrition and hygiene, putting them at a more risk
of additional infections — but more so TB patients.
“The
Public Health Act then authorised public health officers to take
whatever action they deemed necessary, including detaining infected
patients, to prevent spread of the disease,” said Solonka Nombaek, head
of the clinical TB control unit at the Kajiado County Hospital.
The
court further directed the Ministry of Health to ensure that isolation
of patients can only be at a health facility where infection control
would ensure patients adhere to the course of treatment for their own
interest and that of the public.
It is this directive
that is at play at Kenyatta National Hospital (KNH), where seven TB
patients occupy an isolated ward with restricted access. This ward is
not located on the main 10-floor story building of the hospital, but on a
separate building away from the main hospital complex.
The
other two isolation wards in Kenya can be found at Homa Bay Hospital in
Nyanza region and Moi Teaching and Referral Hospital in the Rift Valley
region.
The TB patients here are those that are extremely sick from TB and need intensive care.
Drug-resistant TB
They
suffer either multidrug resistant tuberculosis (MDR-TB), extensively
drug-resistant tuberculosis (XDR TB) or normal TB infection but have
been defaulting on their treatment and have become a risk to the public.
Samuel
Misoi, assistant director public health of the national tuberculosis,
leprosy and lung disease programme, says that in Kenya, TB is among the
notifiable diseases under the Public Health Act Cap 242.
He
says the policy of isolating TB patients is ready and will be launched
on World TB Day on March 24. The policy will provide a framework within
which TB patients may be isolated in a manner that respects their human
rights.
“It will serve the public health purpose of
protecting the public while using a patient-centered and rights-based
approach to TB prevention, treatment and management,” said Dr Misoi.
The
policy outlines voluntary and involuntary isolation. It specifies that
isolation should never be
implemented as a form of punishment and should always be implemented in an ethical, non-discriminatory way that respects the patients’ human rights.
implemented as a form of punishment and should always be implemented in an ethical, non-discriminatory way that respects the patients’ human rights.
“Patients who
decline treatment and who pose a risk to others should be made aware in
advance that their continued refusal may result in compulsory isolation.
An individual that is deemed to require isolation should also have the
right to appeal the decision in an appropriate setting, including before
an administrative, judicial or quasi-judicial body,” says the policy.
“Patients
in isolation should receive treatment and all the clinical and social
support necessary to minimise the burden of isolation in their lives to
the greatest extent possible. If isolated patients refuse treatment,
their informed refusal should be respected, as they no longer present a
public health risk.”
Quarantine
The
World Health Organisation suggests that interfering with freedom of
movement when instituting quarantine or isolation for a communicable
disease such as TB could be legitimate.
According to
Andrew Owuor, a medical specialist at the Respiratory and Infectious
Diseases Unit at KNH, the patients are isolated for between three to six
months before being discharged. TB treatment in all Kenyan public
hospitals is free.
Only authorised health workers and a
close relative are allowed access to the patients. The health workers
here — two nurses and the doctor on duty have to take personal
precautions by wearing protective gear (gloves, gown and mask) every
time they visit the ward.
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