A section of lobby groups, comprising KELIN, the Network of TB Champions, Nelson Mandela CBO, DACASA, among others, has expressed deep disappointment in the judiciary’s failure to hold the government accountable for persistent HIV and TB drug shortages. This follows the High Court of Kenya in Kisumu’s decision to dismiss a petition filed in 2023 by women living with HIV, supported by KELIN, the Network of TB Champions, AYARHEP, DACASA, and the Katiba Institute.
In a joint statement released today in Nairobi, the lobby groups condemned the court’s decision as a betrayal of the constitutional rights of people living with HIV and TB. They described the judgment as disregarding the lived realities of thousands of Kenyans who continue to face life-threatening challenges due to inconsistent access to life-saving medication. During the hearing, petitioners recounted harrowing experiences of repeated stockouts of antiretroviral medicines, viral load testing kits, and early infant diagnostic commodities between 2021 and 2023. Despite presenting evidence pointing to procurement and supply chain failures within the Kenya Medical Supplies Authority (KEMSA) and a stalemate between the Ministry of Health, KEMSA, and USAID, the court dismissed their plea for justice.
The lobby groups further criticized the government’s failure to address corruption and inefficiencies within KEMSA, which caused vital HIV and TB medicines to be stranded at the Port of Mombasa for weeks. They argued that the court’s decision to overlook this evidence undermines efforts to protect public health and sets a worrying precedent of government impunity.
The judgment comes at a time when Kenya’s healthcare system is in turmoil, exacerbated by recent executive directives from the US administration to freeze foreign aid and halt USAID funding. These cuts have crippled health programs, leaving already vulnerable populations even more exposed. The 2025 Auditor General’s report revealed shocking levels of financial mismanagement and political neglect in the health sector, painting a grim picture of systemic failure.
“On this World TB Day, we confront a stark reality of the judiciary’s failure to hold the government accountable for HIV and TB drug shortages,” their statement read in part.
The lobby groups called on the government to demonstrate genuine commitment by upholding its constitutional mandate to ensure uninterrupted access to HIV and TB treatment, leaving no Kenyan behind. They emphasized the urgent need for increased domestic funding for HIV and TB programs to bridge the gap left by declining international support. They also demanded immediate and comprehensive reforms at KEMSA to prevent future medicine shortages and address ongoing corruption.
A representative from the Network of TB Champions stated that they will not stand by while the government continues to neglect its duty to protect the health and dignity of Kenyans. They vowed to pursue all legal avenues to challenge this unjust decision and ensure accountability.
As the group prepare to appeal the court’s decision, they reaffirmed their commitment to standing with people living with HIV, those affected by TB, and all vulnerable Kenyans whose lives depend on an efficient and accountable healthcare system. They urged the government to protect children, honor rights, and remain true to the Constitution at all times.