[Ip-health] Kenya: Judgment on counterfeit law put off until April 20

christa cepuch ccepuch at gmail.com
Fri Mar 30 01:33:40 PDT 2012


Nairobi Star: 29.03.2012
Judgment on counterfeit law put off until April

A group of people living with HIV who are challenging a law that denies
them access to life-sustaining drugs have to wait a little longer to know
the fate of their case. The case was due for judgment yesterday but it was
adjourned by Judge Mumbi Ngungi to April 20. In their case, the group is
challenging the legality of the Anti-Counterfeit Act which they believe
will interfere with the importation and sale of generic drugs in so far as
the medication may be considered counterfeit*.*


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*original NGO media alert below:*

*
*

*High Court set to make landmark decision on access to generic  medicines *

* *

*The Constitutional Division of the High Court will today Wednesday
28th March 2012 make a landmark judgment on the suspended Anti-Counterfeit
Act of 2008. The outcome of this decision will directly affect access to
affordable generic medicines in Kenya. *

* *

*In 2009, three people living with HIV filed a law suit seeking a
determination that the Kenya Anti-Counterfeit Act 2008 is unconstitutional
and threatens access to life-saving generic medicines and thus infringes on
their right to health. The right to health is now guaranteed by the
Constitution of Kenya. *

* *

*On the day of the ruling, over 100 people living with HIV, health advocacy
groups and medical groups will gather outside the courtroom to hear the
decision. “This will be a test of the strength of the right to health under
the new constitution,” says Allan Maleche, a lawyer with the Kenya Ethical
AIDS Legal Network (KELIN).*

* *

*“The ruling is a matter of life and death for many people whose access to
needed generic medicines will be determined by Lady Justice Ngugi’s
decision. We hope she will act to uphold our new Constitution and protect
access to generic medicines”.*

* *

*The case is expected to set a precedent not only for Kenya, but other East
African countries at a time they are considering a draft law and policy on
anti-counterfeiting. *

*
*

*Legal experts, medical experts and the original petitioners in the lawsuit
will be on site to provide reaction to the decision and give interviews. *

* *

*When: Thursday 28th March, 2012, 12:00 noon.*

**

*Where: Milimani Law Courts*

* *

*For more information and further details, please contact: *

**

*Gichinga Ndirangu, Health Action International (HAI) Africa, Cell:  +254
(0) 733 750 012*

*Judith Waguma, Medecins Sans Frontieres (MSF) Press Office, Cell: +254 (0)
733 613 090*

**

*Wariara Mugo, Medecins Sans Frontieres (MSF) Advocacy Officer, Cell: + 254
(0) 721 561 821*



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