Lobby Groups Criticize Court for Failing to Hold Government Accountable for HIV & TB Drug Stockouts
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By John Kariuki
Lobby groups, including KELIN and the Network of TB Champions, have faulted the High Court in Kisumu for dismissing a petition that sought to hold the government accountable for HIV and tuberculosis (TB) drug stockouts.
The petition, filed in 2023 by women living with HIV, highlighted repeated shortages of antiretroviral (ARV) medicines, viral load testing kits, and infant diagnostic commodities between 2021 and 2023. The stockouts were reportedly caused by procurement inefficiencies at KEMSA, worsened by corruption scandals and disputes involving the Ministry of Health and USAID.
Despite evidence from media reports and government bodies, the court ruled against the petitioners, a decision lobby groups say ignores the lived realities of thousands of Kenyans who rely on these life-saving treatments.
The ruling comes amid a deepening health crisis, exacerbated by recent US government directives to freeze foreign aid and USAID funding, which have disrupted critical health programs.
A Call for Action
The lobby groups argue that the Judiciary must ensure government accountability in upholding human rights, especially in healthcare. They warn that the court’s failure to act sets a dangerous precedent, allowing government agencies to escape responsibility for essential drug shortages.
KELIN has announced plans to appeal the ruling, vowing to push for government accountability and the protection of vulnerable Kenyans’ right to healthcare.
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