High Court enjoins UN in case against generic ARVs ban

[Guest guest]

High Court enjoins UN in case against generic ARVs ban

Updated 3 hr(s) 57 min(s) ago

By Kwamboka

The United Nations has been enjoined in a case challenging the Government's

decision to ban generic drugs for HIV and Aids.

It claimed enforcement of the Anti-Counterfeit Act 2008 would endanger the lives

of the infected.

The High Court in Nairobi heard those affected would not access affordable and

essential drugs.

" The Special Rapporeur wishes to intervene as an interested party to support the

constitutional principles of access to essential medicines, " advocate Ombati

Omwanza said yesterday. Justice Musinga allowed Mr Anand Grover to

represent the UN in the suit.

Generic drugs

The court had allowed importation of generic anti-retrovirals, pending the

hearing and determination of this case.

The interim order issued in April was aimed at saving the lives of those living

with the virus. The judge's interim order stopped the implementation of three

sections of the new Anti-Counterfeit Act.

The Act was enacted by Parliament in 2008 and President Kibaki assented to it on

December 24, same year. Its objective was to prohibit trade in counterfeit

goods. It was to take effect from July 7, 2009.

Omwanza told the court people using ARV drugs would be arbitrarily denied access

to affordable and essential medication necessary for their fulfillment of the

right to life as enshrined in the Constitution.

" The generic drugs for the treatment of HIV and Aids are available and

affordable compared to the branded version, " he argued.

Attorney General Amos Wako said the Act was established to stop multinationals

from importing counterfeit drugs.

In an affidavit filed by an NGO's official Jacinta Nyachae, the cost of ARVs

will be high if the Act was enforced.

http://www.standardmedia.co.ke/InsidePage.php?id=2000026980 & cid=4 & ttl=High%20Cou\

rt%20enjoins%20UN%20in%20case%20against%20generic%20ARVs%20ban

[Guest guest]

High Court enjoins UN in case against generic ARVs ban

Updated 3 hr(s) 57 min(s) ago

By Kwamboka

The United Nations has been enjoined in a case challenging the Government's

decision to ban generic drugs for HIV and Aids.

It claimed enforcement of the Anti-Counterfeit Act 2008 would endanger the lives

of the infected.

The High Court in Nairobi heard those affected would not access affordable and

essential drugs.

" The Special Rapporeur wishes to intervene as an interested party to support the

constitutional principles of access to essential medicines, " advocate Ombati

Omwanza said yesterday. Justice Musinga allowed Mr Anand Grover to

represent the UN in the suit.

Generic drugs

The court had allowed importation of generic anti-retrovirals, pending the

hearing and determination of this case.

The interim order issued in April was aimed at saving the lives of those living

with the virus. The judge's interim order stopped the implementation of three

sections of the new Anti-Counterfeit Act.

The Act was enacted by Parliament in 2008 and President Kibaki assented to it on

December 24, same year. Its objective was to prohibit trade in counterfeit

goods. It was to take effect from July 7, 2009.

Omwanza told the court people using ARV drugs would be arbitrarily denied access

to affordable and essential medication necessary for their fulfillment of the

right to life as enshrined in the Constitution.

" The generic drugs for the treatment of HIV and Aids are available and

affordable compared to the branded version, " he argued.

Attorney General Amos Wako said the Act was established to stop multinationals

from importing counterfeit drugs.

In an affidavit filed by an NGO's official Jacinta Nyachae, the cost of ARVs

will be high if the Act was enforced.

http://www.standardmedia.co.ke/InsidePage.php?id=2000026980 & cid=4 & ttl=High%20Cou\

rt%20enjoins%20UN%20in%20case%20against%20generic%20ARVs%20ban