By Eddah Waithaka
On World TB Day, under the theme “Yes! We Can End TB: Commit, Invest, Deliver,” people living with HIV and TB demand justice as the judiciary lets the government off the hook.
The High Court of Kenya in Kisumu has dismissed a crucial petition challenging the government’s failure to address persistent shortages of HIV and TB medicines.
The ruling deals a devastating blow to thousands of Kenyans who depend on these life-saving drugs.
In 2023, women living with HIV, backed by KELIN, Network of TB Champions, AYARHEP, DACASA, and Katiba Institute, took the government to court over repeated stockouts of antiretroviral drugs (ARVs), viral load testing kits, and early infant diagnostic tools.
The petitioners presented evidence showing how mismanagement and corruption at the ‘Kenya Medical Supplies Authority (KEMSA)’ and disputes between the ‘Ministry of Health and USAID’ led to critical delays, leaving life-saving donations stranded at the Port of Mombasa for weeks.
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Despite these testimonies, the court refused to hold the government accountable, ignoring the suffering of patients who have been forced to ration or go without treatment.
A Crisis Deepens as Funding Dries Up
The ruling comes at a time when Kenya’s health system faces unprecedented strain. Recent ‘US aid cuts’ have frozen critical funding for HIV and TB programs, exposing the government’s failure to invest in sustainable healthcare solutions.
The ‘2025 Auditor General’s report’ further reveals financial mismanagement and a lack of political will to protect vulnerable populations.
The judiciary’s refusal to intervene sets a dangerous precedent, allowing the government to evade responsibility.
‘KELIN has announced plans to appeal the decision’, insisting that the state must fulfill its constitutional duty to provide healthcare.
The organization demands the government to guarantee uninterrupted access to HIV and TB treatment, increase domestic funding through the Ministry of Health and National Treasury to compensate for lost donor support, and implement immediate reforms at KEMSA to end stockouts and ensure efficient drug distribution.
Speaking at a press conference at Kelin offices in Karen Patricia Asero, Chair of the International Community of Women Living with HIV and CEO of Ringa Women, urged patients not to lose hope.
“If the system is broken, we must demand it be fixed. If your clinic has no drugs, call NEPHAK, KELIN, or me directly. We will help you find treatment. Know your medicines. Stay on your regimen. The government must act, but until then, we fight,” said Asero.
Further, in a press statement issued on 24th of March, the civil societies said, “This is not the end. We stand with all Kenyans denied their right to health. We will keep pushing until every person has access to the medicines they need.”
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