Advocate seeks court order for free sanitary towels provision

 

A Father to a teenager has petitioned the High Court to order the  government to provide sanitary towels to all school going children in public schools and public facilities. 

Elvis Nyachieo Abenga, also an advocate of the High Court says that more than 60 per cent of girls in impoverished homes in Kenya miss school during their menses due to lack of sanitary towels. 

He points out that the State already provides free condoms in public institutions and since this is feasible, there is absolutely no reason why the State cannot provide these essential goods to school going children.

“In providing male condoms and not providing sanitary towels, the State is essentially discriminating against the girl child. As a concerned citizen, I believe it is necessary for the state to provide sanitary towels in every public institution for purposes of ensuring the health care and education of the girl child is properly catered for,” he says. 

Nyachieo wants the court to declare that the provision of free sanitary towels to all school going girls is part of realising the right to the highest attainable standard of health which is the duty of CS Health Mutahi Kagwe and the Attorney General.  

 He further wants the court to issue a declaration that the states providence of male condoms is sufficient evidence to show that resources are available to provide the sanitary towels. 

 Also sought is an order that the government provides sanitary towels to all school going children in public schools and public facilities. 

 Once that order is issued, Nyachieo wants the court to issue a supervisory order compelling the state to continuously file and show sufficient progress of the practical realisation of the above. 

 Justice James Makau directed that the application and petition be served to the AG and CS Health Mutahi Kagwe. The two were also given time to file their responses in the case. 

 The matter will be mentioned on June 2.     BY THE STAR