Health Cabinet Secretary Susan Nakhumicha and Attorney General Justin Muturi have been taken to court by a Chinese company over the reclassification of HIV testing kits.
In its petition filed at the High Court, the Chinese company accused the CS of reclassifying some gadgets leading to the proliferation of poor quality kits in the market which the company alleged transmit inaccurate HIV test results, although sufficient evidence was not provided to back this claim.
According to the Chinese team, their products had been classified as Assay 2(A2) despite the Ministry of Health earlier informing them that the products shall be listed as A1.
The World Health Organisation explains that A1 tests are the initial screening tests to detect HIV infection in a person. This test is highly accurate and has less chance of failing to detect an infection.
On the other hand, the A2 test is conducted after the A1 test to confirm the initial diagnosis.
The company not only complained that the new kits were of low quality but were more expensive and would only end up costing taxpayers more money.
The foreign company revealed that the procurement of the kits began in mid-March and the AG had requested that the kits be distributed within a certain timeline.
Per the court documents, the foreign company revealed that it had initially donated the kits for a pilot test conducted in Kisumu, Garissa, Kiambu and Mombasa.
However, during the implementation phase, the company noted that their products were reclassified without consultation between them and the ministry.
In response to the allegations, the Ministry dismissed the claims adding that the company was only in court to protect their interests and not for the greater good of Kenyans.
The Ministry also added that it had communicated with the foreign company and relayed its official position on the whole saga.
Notably, this came even as HIV infections were on the rise especially in 9 counties according to data from the National Syndemic Diseases Control Council (NSDCC).
The council in a report noted that the high rate could be attributed to some cultures practised within the Kenyan society.
Homa Bay, Siaya, Kisumu, Migori, Busia, Kisii, Mombasa, Samburu, Vihiga and Uasin Gishu were listed as the top 10 counties with the highest rate of infections.
The council also noted that stigma and lack of testing tests were the major challenges facing those infected.
Kenya has already stated that it aims at lowering the HIV infection rate to the lower end of the spectrum by 2027.
