Kenyan Supreme Court Stays Enforcement of Anti-Counterfeit Law

Dan Rosensholtz
April 23, 2010

The Kenyan Supreme Court  issued an order today temporarily preventing the enforcement of the Kenyan Anti-Counterfeit Law with respect to generic medicines.  The order has effect while the Court rules on a constitutional challenge to the law.  A group of HIV positive Kenyan citizens allege that enforcement of the law would violate their constitutional right to life, because the law's scope is so broad that it will interfere with their access to affordable, generic HIV medicine.  While the order is only temporary, the fact that the Court decided to stay enforcement of the law indicates they recognize the danger the law poses to Kenyans who need generic medicine to manage life-threatening conditions.  The recognition of this harm is a good sign for opponents of the bill, since one of the Kenyan government's chief defenses of the bill was that the plaintiffs in this case had not demonstrated actual harm.  When the Kenyan Supreme court will issue a decision in this case is still unclear.

For more on court's recent order and the underlying case, please see "Court Victory Against 'Anti-Counterfeit' Agenda," by Suleiman Mbatiah.


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