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High Court declares Uhuru directive on HIV school data illegal

By MAUREEN KAKAH December 7th, 2016 1 min read

The High Court has ruled that the presidential directive that required all county commissioners to collect and keep up to date data of school-going children living with HIV is unlawful.

Justice Isaac Lenaola has ruled that the directive issued on February 23, 2015 by President Uhuru Kenyatta violates the right of the young ones, their guardians and all those who are associated with school-going children living with the virus.

The judge instead ordered the Health Cabinet Secretary and the the National Aids Control Council to cordify the names and have the data stored in a manner that does not evidently link them to their status in the public domain within 45 days.

Justice Lenaola, in his ruling, pointed out that the issues raised in the case are of great public interest and that there is need for continous dialogue on issues concerning HIV and AIDS.

The case had been filed by two lobby groups and two persons living with the virus for more than 10 years.

The judgment was delivered by Justice Edward Muriithi on behalf of Justice Lenaola who wrote it but is currently a Supreme court judge.