Uproar over court's rejection of petition on HIV, TB drugs shortage

As the world marked World TB Day on Monday, Kenyan health advocates for people living with HIV and TB criticised the High Court for failing to hold the government accountable for HIV and TB drugs stock-outs.

Speaking at a press briefing in Nairobi, the National Coordinator for the Network of TB Champions Kenya, Stephen Anguva, stated that the High Court in Kisumu had dismissed a petition filed in 2023 by women living with HIV.

The petition sought to hold the government accountable for shortages of HIV and TB medicines-a decision campaigners say endangers the lives of thousands of Kenyans.

"During the hearing, the petitioners shared painful experiences of repeated stockouts of life-saving antiretroviral medicines, viral load testing kits, and early infant diagnostic commodities between 2021 and 2023," said Anguva.

"They also presented reports from the press and government bodies indicating that the stock-outs were caused by a stalemate between the Ministry of Health, the Kenya Medical Supplies Authority (Kemsa), and United States Agency for International Development (USAID) due to repeated cases of mismanagement and corruption at Kemsa," he added.

This judgement comes as Kenya faces an unprecedented crisis in the health sector, exacerbated by recent executive directives from the US government to freeze foreign aid and halt USAID funding.

These measures have curtailed related health programmes, highlighting the government's failure to bridge the gap.

"Instead of proactive investment, we continue to witness bureaucratic failures and financial mismanagement in the health sector, as revealed in the Auditor General's 2025 report, alongside a lack of political will to protect vulnerable groups," he stated.

He emphasised that the Judiciary plays a pivotal role in promoting and protecting human rights, as well as holding the government to account when it fails in its duties.

"By dismissing the petition, the court ignored the lived realities of thousands of Kenyans struggling to access life-saving treatment," he said.

He regretted that the court's unwillingness to intervene encourages impunity, setting a dangerous precedent where the government is not held accountable for failing its citizens.

He called on the government to commit to upholding its constitutional mandate, invest in domestic financing for HIV and TB programmes, and implement new reforms at Kemsa to prevent further medicine shortages, in line with this year's World TB Day theme: "Yes! We Can End TB - Commit, Invest, Deliver".