Petition to challenge constitutionality of Kenya’s Anti-Counterfeit Act of 2008 due to its negative impact on accessing generic anti-retroviral medications for people living with HIV and AIDS; Violation of constitutional rights to life, health and human dignity.
The Court ordered the Kenyan parliament to review the Act and amend the section that confuses generic medicines with counterfeits. The Court also ordered the parliament to remove ambiguities that could result in arbitrary seizures of generic medicines under the pretext of counterfeits.
A vast majority of people living with HIV and AIDS in Kenya rely on generic drugs for their survival. This ruling is a major victory for millions of Kenyans who depend upon generic medicine for their treatment.
The Court cites in its opinion the International Covenant on Economic, Social and Cultural Rights and holds that the state’s failure to promote conditions in which its citizens can lead a healthy life means that it has violated, or is likely to violate, their right to health. Furthermore, the judgment emphasizes that individual intellectual property rights should not supersede the right to life and health.
AIDS Law Project (interested party)
UN Special Rapporteur on the Right to Health (amicus)