Kenya Gov’t Opposes Petition Seeking to Decriminalize Deliberate HIV Transmission

Attorney-General Kihara Kariuki wants the High Court to dismiss a petition seeking to decriminalize deliberate transmission of HIV and other Sexually Transmitted Diseases (STIs).

The Sexual Offences Act says it is a criminal offense for any person to intentionally infect another with HIV or any other life-threatening STIs.

The law states that anyone who does this is guilty of an offense and shall be liable upon conviction to imprisonment for a term of not less than 15 years, which may be enhanced for life.

The petitioners argue that the law is unconstitutional and violates the rights of people living with HIV, including the right to freedom from discrimination. They add that the law creates criminal sanctions and punishes persons living with HIV.

But in a response to the petition, Attorney-General Kariuki urged the court to dismiss the petition, citing the high rate of HIV transmission in the country. 

"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 towards reducing the mortality rates," Kariuki is quoted by Nation.

"By passing the disputed law the Legislature was not acting in a vaccum but responding to a situation in which the state needed to intervene."

The case will be mentioned on February 10th.