Kenyan TB patients who refused to take drugs freed

By VITALIS KIMUTAI

Two Kenyans who had been jailed for eight months and confined to absolute isolation for failing to take anti-tuberculosis drugs have been released from prison.

A High Court Judge in Eldoret, a Kenyan town, Philomena Mwilu ordered that Daniel Ngetich and Patrick Kipngetich Kirui, who were serving their jail term at Kapsabet Prisons, be released immediately from custody.

In Kapsabet, another Kenyan town, Principal Magistrate P Njoroge had sentenced Ngetich 38, and Kirui 28, for failing to take medication against the Public Health Act.

But Justice Mwilu overturned the lower court’s ruling following an appeal and ordered that the two be set free and that they continue taking medication at home.

"My orders are that they be released immediately back to their homes in Nandi Central, but they be supervised to take drugs by the TB defaulter tracing co-ordinator," Mwilu ruled.

Held in confinement

The judge observed that the patients should not be held in confinement, as they could infect other inmates. The State did not oppose the appeal.

The two had been committed to isolation on September 6.

Kenya’s Public Health Act empowers a magistrate to jail a person who declines to take drugs as directed by a doctor to a period of up to three years or impose a fine of up to Sh30,000 or both.

The East African country is ranked in position five in Africa and position 13th globally in the list of countries with the highest TB infection.

TB kills 1.8 million people a year and the only vaccine against the disease is BCG, which was created in 1921.