- Justice Hedwig Ong’undi said there are already laws and policies to address the issues the two have raised.
- “Whatever the petitioners are claiming to be reduced into a policy is already catered for in the Prison Rules,” Ong'úndi said.
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Two inmates at Kamiti Maximum Prison have suffered a setback after the High Court declined their request to order the formation of policies to address issues of HIV Aids and Tuberculosis among prisoners.
Justice Hedwig Ong’undi said there are already laws and policies to address the issues the two have raised.
“Whatever the petitioners are claiming to be reduced into a policy is already catered for in the Prison Rules,” Ong'úndi said.
She said the doctors know what to do with the special patients and that is why the Comprehensive Care Clinics (CCC) have been set up at various Prisons.
“I, therefore, do not see any need for directing the formation of policies when there are sufficient laws and Rules to address any issues (including HIV/AIDs, & TB among others) concerning prisoners,” she said.
The two men are persons living with the Human Immunodeficiency Virus (HIV).
One of them has been in prison since June 2004 and that was when he was tested and found to be HIV positive, while at Embu G.K. Prison.
The other one was arrested in 2009 and held at Thika remand.
Upon conviction in 2010, he was transferred to Kamiti maximum prison.
On 2 June 2011 while at KNH he was diagnosed with HIV and placed on treatment.
They filed the petition on their own behalf and on behalf of convicts living with HIV whose rights and enjoyments are alleged to have been violated by the respondents in the case.
The Officer in Charge, Kamiti Prison, the Commissioner General of Prison, the Directorate of Prisons Health Services, and the Attorney General have been named as respondents.
The duo claimed their rights were violated by the respondents because they failed to take them for treatment at KNH and to ensure a continued supply of ARVs to them.
They sought a number of orders among them an order directing the respondents to develop a policy to comprehensively implement the right to treatment and access to HIV and TB medication for prisoners.
The policy they said must include provision for adequate screening and diagnosis, access to treatment and medication in a timely manner, prevention, and access to adequate food and nutrition.
But the Judge in dismissing their case considered the evidence provided by the respondents showing that the inmates were given treatment at both KNH and CCC at Kamiti maximum prison hospital.
“In fact, copies of the duty officers' journal show instances when the petitioners declined to be taken to the hospital. This is all evidence adduced by the respondents,” said the Judge.