Why court slammed brakes on HIV data review process

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What you need to know:

  • The ministry set up a taskforce to conduct tests for the purpose of making modifications to the national HIV testing algorithm

The High Court has suspended a decision by the Ministry of Health to conduct the national HIV algorithm review process.

Justice Olga Sewe, sitting in Mombasa, further issued a conservatory order restraining the ministry from altering the national HIV testing algorithm.

The judge issued the orders pending hearing and determination of a petition by Mr Josephat Omwando who is challenging the process being undertaken by the ministry to review the national HIV testing algorithm meant to comply with world best practices as prescribed by the World Health Organisation (WHO).

The country’s national HIV testing is currently being conducted using a kit known as Determine HIV as the first line screening kit and First Response as a confirmatory kit while cases that require tie-breaking are referred to the laboratory for further scrutiny.

WHO made a recommendation to its member states that a third kit be introduced into the national HIV testing algorithms, a measure intended to provide swift and accurate results negating the need for laboratory tests.

The court was told that based on the recommendation, the ministry set up a taskforce to conduct tests for the purpose of making modifications to the national HIV testing algorithm and pave the way for the introduction of a third kit.

In granting the orders, Justice Sewe ruled that issues raised about public participation, composition of the taskforce and compliance with best health practices as prescribed by WHO were not frivolous.

She further ruled that the petitioner’s assertion that the respondents ought to have involved concerned representatives of the civil society, faith-based groups and key donors in the HIV health care sector was also not frivolous.

“I am likewise satisfied that the public interest aspect of the matter has been satisfactorily demonstrated by the petitioner,” said Justice Sewe.

In his petition, Mr Omwando argues that no preparations were conducted for the new products to be adopted.