A directive by President Uhuru Kenyatta that seeks to collect data and prepare a report on all schoolchildren living with HIV, the virus that causes AIDS, is meeting headwinds.
Two people living with the virus HIV are challenging the order in court, arguing that persons living with and affected by HIV were not consulted, contrary to the constitution. The two, together with Kenya Legal and Ethical Issues Network on HIV and Aids and Children of God Relief Institute, say Cabinet Secretaries James Macharia (Health) and Jacob Kaimenyi (Education) have started implementing the directive without consultations.
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Uhuru had ordered the names of the children and students and their guardians be collected so they can be offered support. High Court judge Mumbi Ngugi certified the matter as urgent and directed the parties to return to court tomorrow.
The group said the law requires all state organs to ensure public participation, inclusiveness and equality before implementing policies. The information requested was to be gathered and submitted to the President’s office by March 15.
The petitioners say they tried to inform the President on alternative options on how to collect the data needed without violating the right to privacy of persons living with HIV, but there was no response.
According to court documents, the state through the President issued an urgent directive to all county commissioners to collect up-to-date information and prepare a report on all schoolchildren living with HIV, information on their guardians, information on the number of HIV-positive pregnant women and breastfeeding mothers. The information was to be gathered in a format that would link the people’s names and their HIV status.
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