Nairobi — A group of people living with Aids took the fight for their lives to court challenging a law they say denies them access to life-saving drugs.

They say the Anti-Counterfeit Act will interfere with the importation and sale of generic drugs in so far as the medication may be considered counterfeit.

This, they said, would deny them the highest attainable right to life as the cost of drugs might be beyond their reach.

Most of the country's more than 1.4 million people living with HIV and Aids rely on first line generic anti-retroviral drugs, namely 3TC (lamivudine), AZT (Zidovudine) and NVP (Nevirapine).

In suit papers filed through lawyer David Majanja, the group raised concern at particular sections of the Act which they believe will endanger their well-being.

They say sections 2, 32 and 34 will deny them access to drugs necessary for the fulfilment of the quality of life they are guaranteed under the Constitution.

The Act was passed in December 2008 but has not been enacted.

Critics say the government is under pressure from big business to quickly enact it.

According to the group, the Act fails to acknowledge and specifically exempt generic drugs from the definition of counterfeit goods.

Its failure to provide a clear definition of counterfeit goods effectively prohibits importation and manufacture of generic drugs in the country.

They are apprehensive that once the law is enacted, generic drugs will be deemed counterfeit, putting thousands of HIV patients at risk.

Regular supply

One of them said that she had lived with the virus for 19 years and told the court how expensive the drugs were when she started buying them.

The unemployed woman said she only started getting a regular supply six years ago when she joined the government-run Anti-Retroviral Therapy Programme which supplies generic drugs.

"I believe it is in my interest and that of all living with HIV/Aids to be protected from counterfeit drugs but not all generic drugs are counterfeit."

Another woman said she had lived with the virus for eight years and that her five-year-old son is also infected.