Bid to enjoin PWC in HIV women sterilisation case

A private hospital at the centre of a forced sterilisation case filed by several women living with HIV and Aids wants an audit firm enjoined in the matter on the basis that it acted as their contractor.

Marura Maternity and Nursing home in its application claimed it had a deal with audit firm Price Waterhouse Coopers (PWC) and its project manager - Oba RH - to sterilise the women.

The nursing home said the firm ought to bear the burden that might be placed by the court if it finds that it infringed the women's rights.

In its application filed before Justice Mumbi Ngugi, the nursing home further claimed that one of the women who allegedly underwent tubal ligation, approached them based on advice and assessment by PWC.

"The first respondent (Marura) will seek indemnity and or contribution from the intended interested parties for any monies that may be found to be due from the first respondent to the petitioners," lawyer Seth Ojienda for the hospital said.

He added: "The contract between the interested party (PWC) and the petitioner is the basis of the case. How did they end up in the nursing home? PWC is the determinant of the case as the contract for medical provision will disclose everything."

However, Attorney General Githu Muigai opposed the application, saying the move was only meant to delay the case. The judge was told that the women could as well sue the audit firm separately. "The issue between the two can be ventilated elsewhere in a forum that is not necessarily this court. I see it not necessary to enjoin PWC," Justice Ngugi heard.

There are two separate cases, one against the Pumwani hospital and another one against a Mathare-based clinic ran by Médecins sans Frontières of France.

Some of the women narrated the trauma they underwent when doctors at Pumwani took away their ability to conceive.

They were referred there by Blue House Mathare Clinic, a medical centre run by Médecins Sans Frontières. The lobby groups that sued on behalf of  the  women: Kenya  Legal and  Ethical Issues Network on  HIV and Aids and Africa Gender and Media Initative, said that 40 women living with HIV and Aids were forced to accept sterilisation in clinics across the country.

"The act of coercive and forceful sterilisation of women living with HIV by way of bilateral tubal ligation without their informed consent, and the threat of withholding aid if they did not go through the process is degrading and an abuse of dignity," lawyer Allan Maleche said.  The judge will rule on December 9.