THE fight against HIV and Aids was yesterday boosted with the swearing in of the tribunal to hear Aids related cases.
Speaking after taking the oath, the Tribunal’s chairman Jotham Arwa promised that the cases brought before them will be concluded quickly and the members of the tribunal will be more “flexible and resourceful” unlike other courts.
Arwa said that the Tribunal is determined to develop the HIV and Aids law as well as promote the rights of persons living with HIV and Aids. He said he hopes that some cases relating to the scourge currently being handled by the judiciary will be transferred to the Tribunal.
The Tribunal will hear and determine complaints arising out of any breach of the provisions established by the HIV and Aids Prevention and Control Act of 2006 as well as hear and determine any matter or appeal that might be filed pursuant to the provisions of the Act. It will, however, not determine cases that are criminal in nature.
The Act outlaws any form of discrimination relating to a person’s HIV status and disclosure of one’s status without consent. Arwa said the Tribunal will protect fundamental rights as enshrined in the constitution such as the right to information, rights to access drugs and medical facilities, equality and non-discrimination.
The Act says that every health institution and health management organisation or medical insurance provider shall facilitate access to health care services to persons with HIV without discrimination on the basis of HIV status.
The Government is also supposed to use “maximum of its available resources, to take the steps necessary to ensure the access to essential health care services”, including the access to essential medicines at affordable prices by persons with HIV or AIDS and those exposed to the risk of HIV infection.
The Tribunal has two lawyers, two medical practitioners recognised by the Medical Practitioners and Dentists Board and two others persons with skills and knowledge to assist the tribunal discharge its functions. Other members sworn in yesterday included Mercy Mwarah, Mohammed Kullow, Prof Julius Kyambi, Angelina Siparo and Joe Muriuki.
Mutunga said the Judiciary will support the Tribunal as it discharges its functions.