KETAM

We write as global health groups, communities affected by HIV, TB, and Malaria, and researchers from around the world to urge you not to undermine the founding principle of a demand-driven Global Fund.

We are united against proposals to set “envelopes” or “allocations” for each country, which would result in limited ambition, scaled back or skewed plans, and ultimately a failure to get ahead of death and new infections. Limiting ambition now will only cost more in the future—in lives and money. Instead we must continue the push for the boldest plans possible. We must focus, not on limiting country strategies, but on impact in the short term and ensuring predictable, sufficient funding is available long term.

The Demand Driven Model is Needed to End the Crises: The Global Fund is the most innovative, far-reaching, results-driven health financing mechanism in the world.

NAIROBI, 25 April 2012 (PLUSNEWS) - Kenyan HIV activists say a ruling by the High Court that the definition of "anti-counterfeit" in the 2008 Anti-Counterfeit Act is too broad will save millions of lives and protect the right to life of citizens.

The case filed by three people living with HIV in July 2009 argued that sections 2, 32 and 34 of the Act contained ambiguities, which, if misinterpreted or abused, would be detrimental to Kenyans' access to essential generic medicines.

High Court Judge Mumbi Ngugi found that the Act failed to clearly distinguish between counterfeit and generic medicines. She called on parliament to review these ambiguities that could result in the arbitrary seizure of generic medicines under the pretext of fighting counterfeit drugs.

Today, the court has delivered a ruling on the Kenyan case challenging the Anti-Counterfeit Act. Justice Roselyn Wendo ruled that the Act does indeed pose a threat to access to legitimate generic drugs for the petitioners as it is likely to lead to confusion between legitimate generics and counterfeits.

In 2009, three persons living with HIV filed a suit at the high court challenging sections 32 and 34 of the anti-counterfeit act.  The petitioners argued that these sections denied them access to affordable and essential medicine hence violating Article 26 of the Kenyan constitution that guarantees the right to life.

The Judge observed that the Act is Intellectual Property (IP) enforcement oriented as opposed to protection of the public from substandard products. She observed that protection of IP rights should not outweigh the right to health; therefore, any legislative measure limiting access to medicine violates the right to life. She further declared that the right to life does encompass the right to affordable medicines.