Court Compels Ministry of Health to Issue a Response to a Petition Seeking to Repeal Section 162 of the Penal Code

The High Court at Nairobi on 23 February 2018 ordered the Director of Medical Services to file a response to two cases seeking to declare the provisions of Sections 162 & 165(c) of the Penal as unconstitutional for violating the right to privacy and health among others. This order was prompted by the submissions made by the KELIN litigation counsel Ms Carolene Kituku who informed the court that The Kenya AIDS Strategic Framework (KASF); and the Kenya AIDS Response Progress Report, has listed men who have sex with men as a priority population vulnerable to HIV. She added that the same policy documents the ministry has acknowledged that legal barriers affect access to HIV services for the MSM community. The Director of Medical Services is expected to provide the court with more information on the two policy documents and the link between the Sections 162 and 165(c) of the penal code and HIV service delivery.
Court adjourned the #Repeal162 case. Next mention will be April 26th at which time judges will give direction on when we can expect a ruling.