Photo: Stakeholders and partners launch first TB LEA report in Nairobi, Kenya

On 28 February 2018, KELIN with support from Stop TB Partnership and USAID launched a legal environment assessment report on Tuberculosis. The Assessment is the first of its kind to be conducted in the world, focusing on TB.

Key among recommendations from the report is the need to review the Public Health Act to ensure it is protective, respects human rights and does not contribute to barriers in the response to TB.

Sections 26 and 27 of the Act have previously been used to incarcerate TB patients who had challenges adhering to TB medication. During the launch, Samuel Misoi, who is the Section Head for Prevention & Health Promotion, National Tuberculosis, Leprosy and Lung Disease Program, informed delegates that the National TB Program agrees that there is need to review the Public Health Act to ensure human rights of persons with TB are not violated.

“We need isolation wards, treatment, prevention and management – that are human rights compliant,” he reiterated.

Photo: Mr. Misoi makes remarks on behalf of the National Tuberculosis, Leprosy and Lung Disease Program

The findings of the TB Gender Assessment were also highlighted.  They were summed up by Retired Justice Violet Mavisi as follows:  “Men are either busy at work or seeking employment, hence have no time to seek treatment. Women on the other hand, have to seek permission from men. Money and power are barriers to TB treatment.”

The Data Assessment of TB in Key, Vulnerable and Underserved Populations established that there were no population estimates for TB in key, vulnerable and underserved populations in Kenya. The minimal data that exists reflects on TB and HIV co-infection among certain key populations.

Speaking for USAID Kenya, Dr. Maina recommended a three Cs approach, which he  said would ensure effective dissemination of the findings of these reports. “Communicate it; Collaborate in implementation; ensure Commitment of resources and time,” he said.

A committee will be instituted by KELIN to develop a plan of action and oversee implementation of the recommendations from the launch.

To contribute to the discussion and for live updates follow KELIN on our social media platforms using the hash tag #KenyaTBLEA

Twitter: @KELINkenya

Facebook: http://www.facebook.com/kelinkenya

For more information contact:
Lucy Ghati

Programme Manager, HIV & TB

Mombasa Road, Somak building 4^th Floor

P O Box 112 – 00200 KNH Nairobi,

Tel: 020, 2515790 │Mobile: 0790 487473, 0722 747382

E-mail: lghati@kelinkenya.org

Website: www.kelinkenya.org

On 20 – 23 February 2018, Ms Keziah Nyambura, Ms Emily Kinama and Mr Jackson Awele participated in a regional training of African Lawyers on Strategic Litigation, Legal Defence and Advocacy against HIV and TB criminalization. The training programme was organized by the Southern Africa Litigation Centre (SALC) under the UNDP-supported Africa Regional Grant on HIV: Removing Legal Barriers programme.

The training focused on HIV and TB criminalization, and equipped African lawyers with information on the harmful impact of overbroad criminalization.

“The greatest fallacy is that laws that criminalise HIV protect people who do not have HIV. The [truth is that] they drive people away from getting tested for HIV and from accessing treatment which stops HIV from being transmitted” Keynote speaker, Justice Edwin Cameron (South African Constitutional Court Judge)

During the training, a HIV Criminalisation Defence Case Compendium that aims to support lawyers acting for those who are alleged to have put others at risk of HIV was launched. The compendium, compiled by SALC with input from other partners including KELIN, contains criminal cases from all over the world on HIV exposure, non-disclosure or transmission.

Participants at the training also benefited from experiences of communities of affected persons, HIV and TB activists and legal, medical and judicial experts from across the world.

Lawyers from Kenya who attended the training had the following to say:

“As a lawyer, the science of TB and HIV was an eye opener. It answered several common stereotypes that have been used to stigmatize infected and affected persons and equipped me with critical information that will enrich my approach to HIV and TB related court cases.” Jackson Awele

“The training was very comprehensive, it took into account not only the legal principles of HIV&TB criminalization, but the science and social impact of the same providing a much needed background for understanding of the issues,” Keziah Nyambura

The presentations that formed part of the training can be accessed at SALC website here.

To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya using these hashtag #Lawyers4HIVTBJustice #HIVNotACrime Facebook: http://www.facebook.com/kelinkenya

For more information contact:

Timothy Wafula,

Programme Associate, HIV and TB

Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN)

Mombasa Road, Somak building 4^th Floor

P O Box 112 – 00200

Nairobi

E-mail: twafula@kelinkenya.org

On 28 February 2018, KELIN will launch the findings of a legal environment assessment (LEA) on tuberculosis conducted in Kenya. The assessment was based on the Stop TB Partnership and UNDP guidance, Legal Environment Assessments for Tuberculosis: Guidance. KELIN’s assessment in Kenya, supported by USAID is the first LEA conducted on TB globally based on this guidance. It aimed at identifying the legal and human rights issues in TB.

The Assessment, conducted from March to August 2017, identified multiple protections that exist within the national legal framework, but also problematic laws and policies that present inadequate protection for people with TB. The Public Health Act, for instance, was found to be the most challenging due to its provisions which have previously been used to jail TB patients. The assessment also established that stigma surrounding TB still prevails in Kenya with poor dissemination of TB related information.

The methodology for the assessment included consultations with members of civil society and communities affected by TB, government representatives, development partners, service providers, and key populations, among others.

The official launch of the report, which will be held in Nairobi, will present KELIN with an opportunity to not only disseminate the findings, recommendations and next steps of the assessment, but also engage key stakeholders in strategizing on an implementation plan. Communities of persons affected by TB, civil society organisations, development partners, government representatives, parliamentarians, among other TB champions are invited to the launch.

“KELIN is excited to launch the findings of the legal environment assessment of tuberculosis. This is a first of its kind report in the world that critically examines laws, policies and practices affecting the TB response. The report will contribute in ensuring that human rights issues in TB prevention, management, care and support are addressed, in addition to building a body of evidence on TB and Human Rights. Moving forward, KELIN will engage stakeholders to ensure that recommendations of this assessment are implemented” Allan Maleche, Executive Director KELIN

To contribute to the discussion and for live updates follow KELIN on our social media platforms using the hash tag #TBRights

Twitter: @KELINkenya

Facebook: http://www.facebook.com/kelinkenya

For more information contact:
Lucy Ghati

Programme Manager, HIV & TB

Mombasa Road, Somak building 4^th Floor

P O Box 112 – 00200 KNH Nairobi,

Tel: 020, 2515790 │Mobile: 0790 487473, 0722 747382

E-mail: lghati@kelinkenya.org

Website: www.kelinkenya.org

Photo: Members of the Parliamentary Health Committee commit to lead the fight against TB during meeting hosted by the Stop TB Partnership-Kenya (Courtesy: STOP TB Partnership – Kenya )

‘We cannot sustain meaningful engagements and interventions on TB as a health crisis if we do not question leakage of existing funds however minimal. Global Fund remains one of the biggest funders to our TB programs as a country, yet the Global Fund’s Office of Inspector General’s (OIG’s) recent report revealed fraudulent practices culminating to an estimated Kshs5.7 million lost in the National TB Program’

Above were the sentiments of KELIN’s Deputy Director during a breakfast meeting hosted by the Stop TB Partnership-Kenya for the National Assembly Parliamentary Health Committee. The meeting, hosted on 21 February 2018, was prompted by the awareness that Kenya remains among the 30 countries with the highest burden of TB globally, and fourth in Africa closely trailing South Africa, Nigeria and Ethiopia.

The focus of the breakfast meeting was to create awareness among Members of Parliament (MPs) on the growing TB statistics, re-affirm their commitment on TB matters and finally bring to their attention the scheduled 2018 September UN High Level meeting on TB.

Civil societies present at this forum put emphasis on the need for a multi-sectoral response to the disease, implementation of the decision of the High Court on isolation of TB patients in more humane conditions, and the need for more political will and accountability in prudent use of funds available to the National Tuberculosis, Leprosy and Lung Disease program (NTLDP). The latter was in light of the recently released report of the Global Fund Office of the Inspector General which found no reasonable assurance of delivery of services amounting to Kshs 5,766,200. It is worth noting that the   NTLDP, in response to civil society concerns over misuse of funds, indicated that action had been taken against three employees involved in the fraud.

Photo: Ms. Saoyo Tabith makes her intervention to the committee members. (Courtesy: STOP TB Partnership – Kenya )

Bearing in mind that the African Union (AU), during its 30^th Assembly of Heads of State and Government (held between 22 and 29 January 2018) in Addis Ababa, Ethiopia, launched 2018 as the African Anti-Corruption Year. The forum reaffirmed some of KELIN’s findings in the TB Legal Environment Assessment Report. We however remain hopeful that the Parliamentary Health Committee will continuously exercise its oversight authority over the Executive and also advance the inclusion of human rights as part of the broad interventions desirable to reduce the TB burden in the country.

To contribute to the discussions on this forum follow KELIN on our social media platforms: Twitter: @KELINkenya using hashtag #Justice2Health #TB

Facebook: http://www.facebook.com/kelinkenya

For more information contact:

Saoyo Tabitha Griffith

Deputy Executive Director

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road

Tel +254202515790

Email: tsaoyo@kelinkenya.org

The UNDP Regional office for Africa hosted the 3^rd annual partners’ forum under the Global Fund Africa Regional Grant on HIV – Removing Legal Barriers on 14 – 15 February 2018 in Istanbul. The meeting was attended by 20 participants from the, principal recipient and sub recipient organizations comprising of: AIDS Rights Alliance for Southern Africa (ARASA), South African Litigation Centre (SALC), Enda Sante and Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN).

The partners’ forum sought to achieve the following:

1. To discuss and agree on the 2018 Work Plan
2. Provide inputs to finalize progress, updates and disbursement requests to the Global Fund
3. Discuss and strategize on the future of the grant

The meeting provided an avenue to reflect on implementation of the grant. Modeling and use of small grants to implement high impact strategies was cited as a practice worth documenting, as it had shown encouraging potential. An example is sub granting Key Populations led CSOs and CBOs to reach out to its populace at grassroots level at a low cost. Further discussions emphasized the need to document the overall impact of the project across the 10 project countries.

One success that stood out from the reflection was SALC’s ability to successfully file and conclude a public interest litigation case within the grant period. This is a rare occurrence in most projects that have a component of public interest litigation. The case in question was about a woman living with HIV who was convicted of negligently and recklessly doing an act which is “likely to spread the infection of any disease which is dangerous to life” under section 192 of the Malawi Penal Code for accidentally breastfeeding another person’s child. She was unrepresented during the trial and sentenced for 9 months. The matter was appealed by SALC and the Court ruled that the appellant did not have the requisite knowledge or belief that breastfeeding the complainant’s child was likely to spread HIV. The Court further set out the appropriate parameters for the limits to the application of criminal law in cases of HIV transmission and exposure, affirming that the law’s function should be primarily protective and to protect people living with HIV from “the unjust consequences of public panic”.

Moving forward KELIN will work with the UNDP-Africa and the other organisations to successfully implement the remaining project activities and develop a publication showcasing the grant’s success stories.

To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya using these hash tags: #justice2health; Facebook: http://www.facebook.com/kelinkenya

For more information, contact:

Ted Wandera

Program Officer

Kenya Legal and Ethical Issues Network on HIV&AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road

Tel +254202515790; Cell +254788220300

Email: twandera@kelinkenya.org

On 5 – 6 February 2018, KELIN participated in a two day workshop to evaluate the data for action for TB key, vulnerable and underserved populations. The workshop, convened by Stop TB Partnership, was hosted by KHANA and the Cambodia National TB Programme in Siem Reap, Cambodia.

During the workshop, findings of the Data Assessments conducted in Kenya, India, Cambodia, Tanzania, Bangladesh and Ukraine were presented. KELIN presented the findings of the Data Assessment which revealed that there is limited data available on TB key, vulnerable and underserved populations. The findings, which are a reflection of the study conducted by KELIN, revealed that although the existing data in Kenya is segregated on the basis of gender, it is not being used for any programming, planning or policy purposes. A key recommendation from Kenya’s findings is the need to map, identify and collect data of populations most at risk and greatly impacted by TB.

Interestingly, the findings from Kenya mirrored findings from the other countries. The general finding being that data on TB key, vulnerable and underserved populations was scanty, with most being excluded from strategic interventions. Vulnerable populations remain at an increased risk of TB due to where they live or work, have limited access to quality services and are at risk due to biological and behavioural factors.

KELIN will continue to work with the National TB Programme and other partners to ensure the findings inform strategic planning and interventions at both the county and national level.

To contribute to the discussion and for live updates follow KELIN on our social media platforms using the hash tag #TBRights

Twitter: @KELINkenya

Facebook: http://www.facebook.com/kelinkenya

For more information contact:
Timothy Wafula

Programme Officer HIV & TB

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4^th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: twafula@kelinkenya.org