Health advocates in Kenya have condemned a recent High Court ruling that dismissed a petition seeking to hold the government accountable for persistent shortages of HIV and tuberculosis (TB) medicines.
The ruling, delivered in Kisumu, has sparked outrage among campaigners who argue that the decision threatens the lives of thousands of Kenyans dependent on life-saving treatments.
The case, filed in 2023 by women living with HIV and supported by health rights organizations, sought to compel the government to address the chronic stockouts of essential drugs, including antiretroviral (ARV) medicines and TB treatment.
Petitioners, including the Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), the Network of TB Champions, AYARHEP, DACASA, and the Katiba Institute, presented evidence linking the shortages to mismanagement at the Kenya Medical Supplies Authority (KEMSA) and procurement deadlocks involving the Ministry of Health and USAID.
Despite compelling testimony, the court dismissed the petition, failing to hold government agencies accountable for their role in the crisis. Advocates argue that this decision sets a dangerous precedent, allowing authorities to evade responsibility for failures in delivering essential healthcare services.
The ruling comes at a time when Kenya’s healthcare system is under immense strain, exacerbated by a freeze on U.S. foreign aid and USAID funding cuts. These financial restrictions have worsened drug shortages, leaving thousands of patients struggling to access treatment.A 2025 Auditor General report highlights systemic corruption and inefficiencies at KEMSA, pointing to a lack of political will to address the crisis.
The agency has been at the center of procurement scandals, with shipments of HIV medicines previously stuck at the Port of Mombasa due to bureaucratic hurdles.Following the court’s decision, health rights organizations are preparing to file an appeal, emphasizing that the judiciary has a duty to uphold the right to healthcare.“The judiciary is the last line of defense when the government fails to protect its citizens.
By dismissing this petition, the court has ignored the lived realities of thousands struggling to access treatment,” KELIN said in a statement.Advocates are calling on the government to take immediate action to address the crisis, outlining three key demands:
Commit – Fulfill constitutional obligations to ensure uninterrupted access to HIV and TB treatment.Invest – Increase domestic financing for HIV and TB programs to cover funding gaps left by international donors.Deliver – Hold KEMSA accountable and implement urgent reforms to prevent further stockouts.
Despite the setback, affected communities and activists remain determined to push for government accountability.“Our dignity is not negotiable. Our right to healthcare is not optional. We will not stop fighting until justice is served,” the coalition of advocacy groups declared.
As Kenya marks World TB Day under the global theme “Yes! We Can End TB – Commit, Invest, Deliver”, campaigners say the ruling underscores the urgent need for systemic reforms to ensure that no Kenyan is denied access to life-saving treatment.
