New date set for hearing of the Kenya Anti-Counterfeit court case

Hearings of the constitutional case challenging the implementation of the Kenya Anti-Counterfeit Act, which was proposed in 2008 and enacted in mid-2010, has been adjourned to September 26, 2011. In Kenya, it is estimated that around 30% of drugs on the market are fakes.

This follows communication from the Attorney General office that the officer handling the case a Mr Bosire has since left the AG’s office. The AG’s office consequently asked for time to file their submission, reports Health Action International - Africa. Justice Musinga gave the AG’s office 14 days to file their submissions. The case is: JR.MISC.409/09 Patricia Asero Achieng and two others vs The Hon Attorney General was filed on July 8, 2009.

The petitioners had challenged the Kenya Anti-Counterfeit Act on the basis that it violates the right to health. The petitioners, three people living with HIV, argue that the law confuses generic medicines with counterfeits which hence threaten access to generic medicines which account for about 90% of drugs used in Kenya.