Chinese Company Sues Nakhumicha Over Alleged Distribution of ‘Fake’ HIV Testing Kits

In a hurry? Here’s a quick summary…

• A Chinese company has filed a lawsuit against Health Cabinet Secretary Susan Nakhumicha and Attorney General Justin Muturi over the reclassification of HIV testing kits, alleging it led to poor-quality and costly kits in the market.
• The Ministry of Health refuted the claims, stating the company is prioritizing its interests, as Kenya faces rising HIV infection rates, particularly in nine counties, and aims to reduce the infection rate by 2027.

Health Cabinet Secretary Susan Nakhumicha and Attorney General Justin Muturi are facing a lawsuit from a Chinese company over the reclassification of HIV testing kits.

The Chinese company, in its petition filed at the High Court, accused the Health CS of reclassifying certain devices, leading to the proliferation of poor-quality kits in the market. 

These kits allegedly transmit inaccurate HIV test results, although no substantial evidence was provided to support this claim.

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The company stated that their products were initially classified as Assay 2 (A2) despite prior assurances from the Ministry of Health that they would be listed as Assay 1 (A1). 

According to the World Health Organisation, A1 tests are the initial screening tests for detecting HIV infection and are highly accurate with a low failure rate. In contrast, A2 tests are conducted after the A1 test to confirm the initial diagnosis.

The company complained that the new kits were not only of low quality but also more expensive, potentially costing taxpayers more. 

They revealed that the procurement of the kits began in mid-March and that the AG had requested the kits be distributed within a specific timeline.

Court documents indicate that the company had initially donated the kits for a pilot test in Kisumu, Garissa, Kiambu, and Mombasa. 

However, during the implementation phase, their products were reclassified without consultation with the ministry.

In response, the Ministry of Health dismissed the allegations, stating that the company was protecting its interests rather than the greater good of Kenyans. 

The Ministry asserted that it had communicated its official position to the company.

This legal battle comes amidst a rise in HIV infections, particularly in nine counties, according to the National Syndemic Diseases Control Council (NSDCC). 

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The council’s report attributed the high infection rates to certain cultural practices and noted that Homa Bay, Siaya, Kisumu, Migori, Busia, Kisii, Mombasa, Samburu, Vihiga, and Uasin Gishu had the highest rates of infections. 

The report also highlighted stigma and a lack of testing as major challenges for those infected.

Kenya has set a goal to significantly lower the HIV infection rate by 2027.