Kenya drops bid to restrict cheap drugs imports

Kenya has moved to avert confrontation with civil society groups by agreeing to withdraw a proposed constitutional amendments, which sought to make the importation of patented drugs a "mission impossible", one day after HIV/AIDS activists poured into the streets in protest.

According to local media, Kenyan Justice and Constitutional Affairs Minister Martha Karua, who is also the deputy leader of government business in Parliament, announced the lifting of the proposed amendments late Thursday, saying the amendment was not in the public interest.

"The government has taken note of the concerns raised by the public over the proposed amendments," Karua told lawmakers.

Kenya currently imports cheaper versions of the patented HIV/ AIDS drugs but a proposal to change the existing patent laws contained in the Industrial Property Act, enacted in May 2002, would have made it impossible for the government to buy cheaper versions.

African countries are allowed to import cheaper versions of original drugs known as the generic drugs, whose patents are held by the rich pharmaceutical companies in Europe and America as part of agreements struck at the World Trade Organization (WTO) level.

Kenya was proposing that all procurement agencies must seek the clearance of the pharmaceutical companies holding the patents to the original drugs before any purchases were made. The proposal caused hue and cry among the civil rights groups.

HIV/AIDS activists led by the United Civil Society Coalition poured into the streets this week to protest the proposed amendments. Vice President Moody Awori was caught up in the demonstrations outside parliament and pledged to look into the issue.

The lawmakers said they expected the government to keep its word on the lifting of the amendments when the amendment bill comes before the Committee Stage of Parliament, where the lawmakers converge into one committee and take a vote on the bill.

Earlier, Ministry of Health officials decried the proposed amendments and warned that they would make it impossible to import generic drugs.

Sources said the amendments were pushed through from the Ministry of Trade under the guise of Trade Mark Amendment Bill with the support of the pharmaceutical firms.

But Trade and Industry Minister Mukhisa Kituyi, speaking on a different issue, said Kenya and other African countries would not continue enjoying the benefits of cheaper drugs following the collapse of the WTO Round of talks on development.

"The agreements were only binding to the pharmaceutical companies at the end of the Doha Round of talks," Kituyi said.

Source: Xinhua