KENYA – Five Women seeking justice from a Kenyan Court on forced and coerced sterilization will have to wait a little longer for justice to be served. The case popularly known as Petition No. 606 of 2014 challenging the forced and coerced tubal ligation of woman living with HIV failed to take off on 9th October 2017 because the advocate for Marura Nursing home was unavailable to attend court and had applied for adjournment.
The advocate for the County Government of Nairobi was also not ready to proceed with the hearing. He sought for more time to file his response to the Petition. Accordingly, the nursing home is the place where the act of forced and/or coerced sterilization is said to have taken place, while the Nairobi county government is sued for having no policies in place to safeguard the rights of women.
Justice E.C Muita who is handling the matter granted the advocate for Marura Nursing home seven days within which to file his response. The judge further directed the case be heard on 18th December 2017. Parties were also directed by the court to agree on the statement of issues arising for determination and file the same in court before the hearing date.
This petition was filed on 10 December 2014 challenging the unconstitutional sterilization by way of tubal ligation of the five women living with HIV. Similar cases have been reported in Namibia, Lesotho, Swaziland, South Africa and Uganda.
The five women were mobilized by ICWEA in a bid to protect their sexual reproductive health rights. The case was later handed to KELIN for litigation. ICWEA however continues to get updates from KELIN on the progress of this case, but also offers psychosocial support to the women.
