Kenya court set to deliver ruling on anti-counterfeit law

After almost three years of waiting since three petitioners living with HIV filed a constitutional petition challenging the implementation of a law on anti-counterfeiting, the Kenyan High Court is due to deliver a verdict on March 9, reports Health Action International Africa.

The court will rule on whether, the Kenya Anti-Counterfeit Act of 2008 which was enacted by the national parliament infringes on the right to access more affordable medicines especially for treatment of HIV and other public health challenges. Depending on the decision, it is widely expected that this case, the first legal challenge in Africa against a new push for anti-counterfeit legislation, could have significant implications on other countries preparing similar laws.

On April 23, 2010, Kenyan High Court Judge Roseline Wendoh issued a conservatory order stopping the government from implementing the Anti-Counterfeit Act with respect to generic medicines until the case heard and determined. The three petitioners in the case have argued that the Kenyan law should be declared unconstitutional on the grounds that it infringes on their right to health by giving a broad definition and interpretation on what constitutes counterfeit medicines in a manner that affects access to more affordable generic medicines.