Judge Lenaola allows health experts join forced sterilisation case

High Court on Friday upheld international lobbies bid to join a case in which four women living with HIV were forced to undergo sterilisation without their consent.

Justice Isaac Lenaola allowed the United Nations Programme on HIV/AIDS (UNAIDS Secretariat) and the International Community of Women Living with HIV (ICW) to join the suit as Amicus Curiae and interested parties respectively.

In addition, National Gender and Equality Commission was also allowed to participate in the case as well as Prof Alicia Ely Yamin, a  director at Francois-Xavier Bagnoud Center for Health and Human Rights.

“In joining the Amici and interested parties in this matter, it is my direction that they should adhere to rules as required,” said High Court judge Lenaola.

An amicus is a friend of the court and is expected not to take any sides with parties in the case but rather assist the court in understanding issues raised in a dispute that would aid in making a proper finding.

ICW Kenyan Chapter was also joined in the case as an interested party.

The four women whose identity cannot be revealed together with the Kenya Legal and Ethical Issues Network of HIV/Aids and the Africa Gender and Media Initiative Trust took their case to court in 2014.

They sued Medecins Sans Frontières – France, Pumwani Maternity Hospital, Marie Stopes International, Nairobi county executive member in charge of health services, the Health Cabinet Secretary and the attorney general.

UNAIDS Secretariat told court that it needed to help it understand international public health and human rights standards, informed consent as opposed to coercion in access to health services and protection of pregnant women and children living with HIV.

According to Prof Ely, an expert on matters health and human rights, her expertise would aid in advising the court, government entities and UN agencies on issues raised in the case.

While ICW claimed that since its work involves improving lives of women living with HIV and helping them make informed decisions, it is important for them to be allowed to be a party in the case.

However, the sued parties criticized the move saying it is aimed at prolonging the suit.

The four women, through their lawyer Allan Maleche, claimed that they went to give birth at different times at the said hospital through caesarean section but later realised that they had been sterilised.

They claimed that their consent was not sought hence their right to dignity was violated.

Further directions in the case will be issued on October 7.

(Editing by Joel Muinde)