The High Court on Wednesday dismissed a directive issued by President Uhuru Kenyatta that had elicited criticism from various stakeholders.
Justice Isaac Lenaola quashed the order which had been given to County Commissioners to collect data of school going children living with HIV/AIDS.
In his ruling, Lenaola noted that the order given in February 2015 was unlawful since it violated the rights of the children, their parents and those affected by the disease.
The judgment, which had been written by Lenaola, was read by Justice Edward Muriithi since the former had already been appointed as judge of the Supreme Court.
The court further observed that the matter was of great public interest urging for enhanced discussion on issues pertaining the disease.
Lenaola further directed the Ministry of Health and National Aids Council to have the data already collected stored in a manner that would not expose the victims' status to the public.
When giving the order, Kenyatta had directed the Ministry to provide all children with Anti-Retroviral Therapy (ART) drugs.
He had maintained that it was unacceptable for many of the minors living with the disease to lack access to the drugs as required by the International Convention on Children’s Rights.
