Written By Gerald Gekara 📝
A petition has been filed seeking to legalize willful transmission of HIV or any other Sexually Transmitted Diseases (STI).
According to the law, anyone who knowingly or intentionally infects another person with HIV or other life-threatening STIs is guilty of an offence.
The law prescribes a sentence of at least 15 years in jail, with the possibility of life imprisonment.
The petitioners claim that this law criminalizes and punishes HIV-positive people, and that it is unconstitutional because it violates their rights, such as the right to be free from discrimination.
Attorney General Paul Kihara has beckoned the court to dismiss the petition on grounds that Kenya is still suffering from high HIV/AIDS mortalities.
“In examining the purpose, effect, historical background behind the enactment of the disputed law and the intention of the legislature we urge the court to take the judicial notice of the fact that Kenya and in general Africa, continues to be ravaged by the scourge despite the scientific gains that have been made to wards reducing the mortality rates,” said AG Kihara.
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