By Emmanuel Turay, PV East Africa Bureau Chief, Nairobi.
People living with HIV/AIDS have sued the government of Kenya over the anti- counterfeit Act enacted by parliament last year which bans the importation and sale of generic drugs in the country.
Led by Patricia Achieng, Moraine, Atieno and Joseph Munyi on behalf of the AIDs victims who lodged the petition before the high court, they claim the law will hinder importations of drugs because of fears that they could be considered counterfeit underscoring that since the disease has no cure, sufferers must be allowed to get anti-retroviral drugs.
The petitioners argued that the government has infringed on their rights to life in contravention of the constitution noting that prior to the new law, generic drugs for AIDS were not available because the previous law did not allow parallel importation of the generic drugs.
The aids patients blame the government for failing to provide a clear definition of counterfeit goods. They argued in their court papers that in the absence of a clear definition there is likelihood that the generic drugs may be lumped together with other counterfeit goods and therefore liable to seizure at any time.
The petitioners lamented that the cost of treatment will sky rocket as patients will have to rely on expensive branded alternatives. They want the court to declare their fundamental right to life protected in the constitution which encompasses access to affordable medicine. They want the court to suspend the enforcement of the law as long as it affects access to generic drugs.
Photo: President Mwai Kibaki of Kenya.
Comments