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24 judgments found.


AIDS Law Project v. Attorney General, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 97 of 2010
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Poverty, Public safety, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

The Petitioner, AIDS Law Project, brought suit against the Government of Kenya, arguing that Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 (the Act) was unconstitutional. The Petitioner argued that Section 24 of the Act was vague and overbroad, and therefore unconstitutional. Section 24 imposed criminal sanctions upon …Read more

Download Judgment: English

L.N. & 21 Others v. Ministry of Health, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 218 of 2013
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health spending, Kidney disease, Long-term care, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

Millicent Awuor Omuya& 1 Or. v. Attorney General & 4 Ors.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life, Right to health, Right to liberty and security of person
Facts:

The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more

Tags: Access to health care, Budget, Caesarean, Childbirth, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Health expenditures, Health funding, Health spending, Humiliating treatment, Indigent, Inhuman treatment, Low income, Maternal health, Out-of-pocket expenditures, Poor, Pregnancy, Public hospitals, Subsidies, Underprivileged
Download Judgment: English

Federation of Women Lawyers (FIDA-Kenya) & 3 Ors. v. Attorney General & 2 Ors.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 266 of 2015
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Facts:

The Director of Medical Services issued a letter on December 3, 2013 and a memo on February 24, 2014 to “All Health Workers” that directed them not to participate in training on safe abortion practice and threatened legal action for non-compliance. The Federation of Women Lawyers filed suit, stating that the letter and memo had …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to healthcare, Access to medicines, Access to treatment, Assisted reproductive technology, Maternal health, Maternal mortality, Pregnancy, Termination of pregnancy, Therapeutic abortion, Unsafe abortion
Download Judgment: English

Baby “A” (suing through her mother, E.A.), et al.v. Attorney General, et al.

Country: Kenya
Year: 2014
Court: High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)
Citation: Petition No. 266 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to acquire nationality
Facts:

Baby A, was born with both male and female genitalia. The respondent, Kenyatta National Hospital issued E.A (the mother of Baby A) documents used in the process of carrying out genitogram tests, x-rays and scans of the Baby A in which the column indicating the child’s sex was filled in with a question mark. Baby …Read more

Tags: Child development, Children, Diagnostics, Examination, Health data, Infant health, Intersex, Minor, Parental consent, Pediatric health
Download Judgment: English

Okwanda v. Minister of Health and Medical Services, et al.

Country: Kenya
Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to housing, Right to social security, Right to water and sanitation
Facts:

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Aged persons, Diabetes, Diet, Elderly, Food, Health spending, Hunger, Indigent, Low income, Malnutrition, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Poor, Senior citizens, Underprivileged
Download Judgment: English

Peter Mule Muthungu (suing as administrator and Personal representative of thereafter Estate of Jane Mueningui) v. Kenyatta National Hospital

Country: Kenya
Year: 2013
Court: High Court at Nairobi
Citation: Civil Suit 364 of 2007
Health Topics: Health information, Medical malpractice
Human Rights: Right of access to information
Facts:

As the administrator of the deceased’s estate, the plaintiff sought the medical records of the deceased from the defendant hospital. The plaintiff had separately filed a medical negligence suit against the defendant. The plaintiff and his counsel determined that the hospital records, which related to the deceased’s treatment before death, were necessary for the negligence …Read more

Tags: Confidentiality, Duty of care, Freedom of information, Health data, Health records, Medical records, Negligence
Download Judgment: English

Patricia Asero Ochieng, et al. v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics: Child and adolescent health, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Children, Drug quality, Drug safety, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Minor, Patents, Pediatric health, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Pricing, Spurious medicines, Transmission, Underprivileged
Download Judgment: English

Petition No. 409 of 2009

Country: Kenya
Year: 2012
Court: High Court of Kenya
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

Petitioners were indigent Kenyan citizens that were infected with HIV/AIDS. Petitioners depended on antiretroviral drugs for treatment of their condition; and, because of their poverty, relied on a program administered by the Kenyan government and an NGO for the provision of these drugs at little or no cost. This program could afford to operate as …Read more

Tags: Access to drugs, Access to health care, Access to medicines, AIDS, Generic drugs, Health spending, HIV, People living with HIV/AIDS
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Ochieng v. Attorney General

Country: Kenya
Year: 2012
Court: High Court of Kenya (Nairobi)
Citation: Petition No. 409 of 2009
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to privacy
Facts:

The petitioners were Kenyan citizens living with HIV/AIDS. They petitioned seeking a declaration that the fundamental rights of life, human dignity and health as protected and envisaged by the Constitution, encompassed access to affordable and essential drugs and medicines, including generic HIV/AIDS drugs. The petitioners also sought a declaration that the Anti-Counterfeit Act, 2008 and …Read more

Tags: Access to drugs, Access to health care, AIDS, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Patents, People living with HIV/AIDS, Pricing, TRIPS
Download Judgment: English

The Kenya Society for the Mentally Handicapped (KSMH) v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 155A of 2011
Health Topics: Health systems and financing, Mental health
Human Rights: Freedom from discrimination, Right to education, Right to health
Facts:

The petitioners, the Kenya Society for the Mentally Handicapped, brought suit against the Kenyan government for violating the rights of Kenyans with intellectual, mental and psychosocial disabilities. They brought suit against six respondents: the National Council for Persons with Disabilities for not implementing measures that address the needs of people with mental disabilities, formulate policies to …Read more

Tags: Budget, Mental disability, Mental institution, Mental retardation
Download Judgment: English

Ibrahim Sangor Osman v. Minister of State for Provincial Administration and Internal Security

Country: Kenya
Year: 2011
Court: High Court of Kenya at Embu
Citation: (2011) eKLR (Kenya).
Health Topics: Diet and nutrition, Health care and health services, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to housing, Right to liberty and security of person, Right to life, Right to water and sanitation
Facts:

The petitioners claimed that a group of armed police officers arrived on their land and without warning or a court order begun demolishing the houses and structures of the petitioners, leaving them homeless. Further, they alleged that police used tear gas and physical violence to evict the petitioners, who were resisting the demolition. The petitioners …Read more

Tags: Access to health care, Clean water, Drinking water, Food, Forced displacement, Police, Potable water, Refugees, Safe drinking water
Download Judgment: English

Simon Maregwa Githiru v. Republic

Country: Kenya
Year: 2011
Court: High Court - Embu
Health Topics: Infectious diseases, Prisons
Facts:

The Applicant suffered from pulmonary tuberculosis. He defaulted on his treatment and was charged with wilfully exposing and spreading infectious disease to the community in violation of the Public Health Act. When the facts and the charges of his case were read to the Applicant, he simply stated ‘It is true’ and ‘Facts as charged’. …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Jail, TB, Tuberculosis
Download Judgment: English

Daniel Nge’tich v. Attorney General of Kenya

Country: Kenya
Year: 2010
Court: High Court of Kenya at Eldoret
Citation: Petition No. 3 of 2010
Health Topics: Hospitals, Infectious diseases, Prisons
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The Petitioners suffered from tuberculosis. Pursuant to the Public Health Act, the Nandi Central District Tuberculosis Defaulter Tracing Coordinator ordered their detention in prison for eight months. The Petitioners claimed their detention violated their rights to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, and to freedom of movement under articles 47(1) …Read more

Tags: Custody, Detainee, Detention, Health facilities, Jail, TB, Tuberculosis
Download Judgment: English

R.M. v Attorney General, et al.

Country: Kenya
Year: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Gender identity, Health care professionals, Health care workers, Humiliating treatment, Imprisonment, Inhuman treatment, Intersex, LGBTI, Low income, Molestation, Poor, Sexual harassment, Solitary confinement, Torture
Download Judgment: English

Wachira Weheire v. Attorney General

Country: Kenya
Year: 2010
Court: High Court at Nairobi
Citation: Civil Case 1184 of 2003; 2010 AHRLR 185 (KeHC 2010)
Health Topics: Diet and nutrition, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant.  After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Law enforcement, Police, Prison conditions, Starvation, Torture
Download Judgment: English

Charles Lukeyen Nabori, et al. v. Attorney General, et al.

Country: Kenya
Year: 2008
Court: High Court at Nairobi
Citation: Petition 466 of 2006
Health Topics: Chronic and noncommunicable diseases, Disasters and emergencies, Environmental health, Health systems and financing, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to life, Right to property
Facts:

The petitioners were pastoralists and communal landowners in the Baringo District in Rift Valley Province, Kenya. The petitioners alleged that the respondents (the Attorney-General, the Minister for Environmental and Natural Resources, the National Environment Management Authority, and the County Council of Baringo) were liable for violating their rights to life (under Section 71 of the …Read more

Tags: Asthma, Budget, Contamination, Environmental degradation, Environmental hazards, Forced displacement, Herbicide, Indigenous groups, Indigent, Manmade disaster, Poisoning, Poor, Precautionary principle, Refugees, Respiratory diseases
Download Judgment: English

Peter Waweru v. Republic of Kenya

Country: Kenya
Year: 2006
Court: High Court at Nairobi
Citation: Miscellaneous Civil Application 118 0f 2004; (2007) AHRLR 149 (KeHC 2006)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to water and sanitation
Facts:

About one hundred residents of the Kiserian township were approved to construct residential-cum-commercial buildings by county officials, including health officials. A public health officer investigated reports of “indiscriminate discharge of offensive smelling waste matters within the trading centre flowing out of various premises into open channels along the road to the environment and to the …Read more

Tags: Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Precautionary principle, Safe drinking water, Sewage, Toxic waste, Waste, Waste management, Water pollution, Water safety
Download Judgment: English

Peter Kinuthia Mwaniki, et al. v. Peter Njugana Gicheha, et al.

Country: Kenya
Year: 2006
Court: High Court at Nairobi
Citation: Civil Case 313 of 2000
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Plaintiffs sought a permanent injunction to prevent Defendants from continuing to construct a slaughterhouse situated next to their homes, claiming that such construction violated certain environmental statutory provisions and Plaintiffs’ basic right to a clean and healthy environment. The slaughterhouse was almost completely built but had not started operating at the time of the suit. …Read more

Tags: Contamination, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Sewage, Waste, Waste management
Download Judgment: English

RM v. Attorney General

Country: Kenya
Year: 2006
Court: High Court
Citation: (2006) AHRLA 256 (KeHC 2006).
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

RM’s mother was living with, but not married to, RM’s father at the time of her birth. Although RM’s father paid hospital expenses for her birth, shortly thereafter, RM’s father ceased contact with RM’s mother and provided no parental support. Under section 24(3) of the Children Act (the “Act”), only parents that were married had …Read more

Tags: Children, Domestic partnership, Minor
Download Judgment: English

Republic of Kenya v. Ministry for Transport and Communication, et al., ex parte Waa Ship Garbage Collector, et al.

Country: Kenya
Year: 2004
Court: High Court at Mombasa
Citation: "Miscellaneous Civil Application 617 of 2003; KLR (E & L) 1"
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment
Facts:

The applicants sought orders of certiorari and prohibition of enforcement of a notice and multiple letters attesting to the fact that the Kenya Ports Authority (the “KPA”) authorized only two firms to operate as sludge removal firms in the port of Mombasa. The applicants ran businesses that removed sludge from ships docking in the Port …Read more

Tags: Contamination, Environmental degradation, Environmental hazards, Industrial waste, Pollution, Sewage, Waste, Waste management, Water pollution
Download Judgment: English

J.A.O. v. Homepark Caterers LTD, et al.

Country: Kenya
Year: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more

Tags: AIDS, Confidentiality, Degrading treatment, Diagnostics, Disclosure, Examination, Health care professionals, Health care workers, Health data, Health facilities, Health records, HIV, HIV positive, HIV status, Humiliating treatment, Inhuman treatment, Medical records, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Testing
Download Judgment: English

Kemai & 9 Others v. Attorney General of Kenya & 3 Others

Country: Kenya
Year: 2000
Court: High Court at Nairobi
Citation: Civil Case 238 of 1999; (2005) AHRLR 118 (KeHC 2000)
Health Topics: Diet and nutrition, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to a clean environment, Right to life, Right to property, Right to work
Facts:

This case was brought to the Court by members of the Ogiek community who sought a declaration that their forcible eviction from the Tinet Forest by the Kenyan government was unconstitutional. The applicants claimed that the eviction was in contravention of their rights to protection of the law, their right to life, their right to …Read more

Tags: Environmental degradation, Food, Forced displacement, Indigenous groups, Pollution, Water pollution
Download Judgment: English

Midwa v. Midwa

Country: Kenya
Year: 2000
Court: Court of Appeal at Nairobi
Citation: (2003) AHRLR 189 (KeCA 2000)
Health Topics: HIV/AIDS
Human Rights: Right to family life, Right to property
Facts:

The parties were husband and wife married under the African Christian Marriage and Divorce Act. They had two sons, ages seven and ten. In 2000, the husband petitioned for divorce on the grounds of cruelty, claiming that the wife, having tested HIV positive, was endangering his life. The superior court ordered that the wife be …Read more

Tags: HIV, HIV positive, People living with HIV/AIDS, PLHIV
Download Judgment: English
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