Health Action International Africa

Health Action International Africa is part of an independent global network, working to increase access to essential medicines and improve their rational use through research excellence and evidence-based advocacy.

Anti-Counterfeit court case mentioned

 NAIROBI, Monday, 08 March 2010

 Kenya’s Anti-Counterfeit Act is being challenged on the basis that it violates the right to health. Three petitioners who are people living with HIV, argue that the law confuses generic and counterfeit medicine. This could cause a health crisis as generics constitute 90 percent of medicines used in Kenya.

A mention was heard today at the Kenya’s Constitutional Court and hearing date set for March 18, 2010. There were about 80 activists –mostly people living with HIV/Aids -present in the High Court hallways in t-shirts with a message saying “fight counterfeits, not generics”


Photo: Activists demonstrate outside the High Court in Nairobi.

 The judge gave the petitioners' lawyer 7 days to serve the newly established Anti- Counterfeit Agency. The hearing will go ahead with or without the AG having responded. 

 The three petitioners want the Constitutional Court to declare the law, which was enacted in July 2009, unconstitutional on the grounds that it will deny them access to more affordable life-saving generic medicines and therefore rob them of their right to life.

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