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How Kenyan women get Justice afta dia by force sterilisations

30160378 How Kenyan women get Justice afta dia by force sterilisations

Fri, 1 Dec 2023 Source: BBC

Four women wey get HIV don dey awarded $20,000 (£16,000) in damages afta dem tie dia fallopian tubes without say dem approve am knowingly. Dem tell BBC wetin dem face.

Di women bin dey fight dis mata for nine years in court and dia names don dey changed to protect dia identities as de, no release am during di case for High Court sef.

Penda tell BBC say about di surgery she go through shortly afta she born her tiwns for goment Pumwani Maternity Hospital for di capital, Nairobi.

She say, "e ruin my life".

Dem dey call di surgery say na bilateral tubal ligation (BTL) - na wen dem cut, tie, burn , clipped or partly remove di woman fallopian tubes to close dem so di pesin fit no get belle again.

Di papa of her twins comot before dem bin dey born sef. Her husband bin die few years ago sake of HIV related kasala. She dey worry say she no go fit find anoda pesin to marry. "Who go marry me if dem no say I no fit born."

Penda bin sabi say she get HIV wen she get belle na im make am find medical advice. Dat time, dem dey tell womeln wey get HIV and carry belle to give birth with CS and say make dem no breastfeed make di virus no go to dia pikin.

E bin cost for mny wey come from poor backgrounds. Nowadats most maternity care for Kenya dey free but e no be like dat before.

Afta Penda born, dem tell am make she dey give her pikin only formula. Dem tell am sahe go fit get free food for her and her pikin but only if she carry proof come say she do family planning.

She say, "As single mama I shock. I bin dey already face stigma. I no know wetin else I fit do."

To help Penda get proof, hospital nutritionist send am fo meet one community health worker wey tell am to go clic wia pipo from Marie Stopes, wey be di biggest and most specialized joinbodi for sex and reproductive healt h for Kenya, bin dey do family planning.

Na here dem give Penda form to do BTL wey she sign. As she no fit read, she sat she no know say she don give dem permission to sterilize am.

Permanent Procedure

Neema tok of similar tin she face for Pumwani wey be Kenya biggest public maternity hospital.

She already know say she get HIV as at wen she get belle with her fourth pikin. She bin dey fear say she go infect di pikin.

She say nutritionist tell am say if she no gree do BTL afta she born, she no go fit collect collect cooking oil, porridge and maize meal flour and dem no go pay or her maternity bil.

On di day she born before dem carry am go theatre, Neema say di nurse on duty advise am to plan her family afterall she don already get three pikin dem.

Di nurse tell am to o di BTL and dem give am paper to sign to gree for CS and di tubal ligation.Neema tell BBC saay, "I no know wetin e mean. I think say na ordinary family planning."

"If dem explain wetin di surgery mean wella, I for no sign dat paper."

Furaha no remember any tok-to on top family planninf wen she born her third pikin for di Pumwani Maternity Hospital.

She only remember say she accept make dem do her CS so she no go infect her baby with HIV and say she wake up with ogbonge pain.

Nurse tell me say dem follow do am di sterilisation surgery.

She tell BBC say, "I bin feat to tell my husband wetin happun. I hide am as secret.

"Wen e find out like dis na so e turn drunkard. E die afta motor jam am. Dis joinbodi dem scata my home."

Anoda woman, Faraja tell tell BBC say she gree to pressure for BTL two moths afta she born her third pikin.

As she det HIV positive, dem warn am make she no breastfeed her pikin. But as she no get family planning say she dey do family planning like BTL, she no fit ollect baby formula milk.

"I bin dey desperate. My husband do run go. Rent dey due. Wetin I for do?" na wetin she do.

Faraja tell Kenyan High Court say she attend clinic for wia she do di surgery.

Dem give am for form to sign but she say because she no fit read, she no sabi wetin she dey sign. No pesin explain am give her say she don gree make dem sterilise am and she say dem no give am anoda form of family planning.

Na because health sabi pipo no explain wella wetin dis women dey gree to do, dat na why dem win di case.

It is because health professionals did not explicitly explain what these women had agreed to that they won their case.

Fundamental rights

High Court of Kenya rule for September say BTL without informed consent go against women's fundamental rights, plus di rights to establish family.

Di damages wey dem go collect go come from di collabo pocket of Marie Stopes International and Pumwani Maternity Hospital aplus including di medical charity Médecins Sans Frontières (MSF) wey give di advice for family planning.

Allan Maleche wey be di xecutive director of Kelin Kenya wey be HIV rights group wey bin rep dem, say di ruling na ogbonge tin for HIV positive women for Africa wety don face pressure to do sterilisation.

that this use of BTL without informed consent was a violation of the women's fundamental rights, including the right to establish a family.

Tok tok pesin for Marie Stopes tell BBC say with email sat di case bin dey long and hard for all di pipo wey dey inside.

MSF France tanda say dem no evener do medical sterilisations for Kenya, dem sat if di patient wan do BTL, dia work na to cousel, inform and refer dem go wia dem go fit do am.

Di Pumwani Maternity Hospital no tok wen BBC ask dem make dem chook mouth.

Correct data no dey about gow many women wey get HIV for Kenya don dey sterilised without dia informed consent.

But one 2012 study wey di African Gender and Media Initiative - Robbed of Choice - do tell di tori of 40 women wet bin dey pushed to do am. Of all dis pipo na only five file constitutional petition wey dey successful.

Oga Macheele say di women decide to run constitutional case instead of criminal case so e go get impact.

E say, "criminal cases go just lead to imprisonment of paying of files, benefit no fo dey for di women like money."

But di women say no be just about money. Say di Hight court don stamp dia calls for justice.

Dia lawyer, Nyokabi Njogu gree. "How you go compensate for compounding violation? Dem just want acknowledgement say e happun. Dem no want women wey don suffer like dem to continue dey suffer."

Source: BBC