Measures To Enhance Access to Health Facilities 151. Accessibility to health facilities in Kenya is estimated at 52 per cent based on the 5km radius norm although there are variations across the country especially in the Northern part of Kenya. To address the situation, the health related flagship projects on improving health infrastructure network in the country made useful access related gains with inputs from the Constituency Development Fund (CDF) that has aided facility infrastructure development/upgrading and from the Economic Stimulus Package for hiring of staff for rural health facilities which has seen a total of 3,866 nurses recruited under the Economic Stimulus Package and posted to health centres and dispensaries within constituencies countrywide. This is in comparison with the flagship project of recruiting 20 nurses per constituency starting September 2009. 152. There has been an increase in the number of hospitals from 167 in 2008 to 275 in 2012 and this number is set to increase with the devolution of health services to the 47 counties. 153. Access to affordable and essential drugs and medication is a pre-requisite for the realisation of the right to health and licensing the use of generic drugs is one way to ensure affordability. However this should be balanced with the reality that ridding the market of counterfeit drugs also contributes towards this goal. In a move to fight counterfeit drugs, Kenya enacted the Anti-Counterfeit Act, Cap 130A, Laws of Kenya to prohibit trade in counterfeit goods including drugs. However, in April 2012, the High Court declared the Anti-Counterfeit Act a violation of the right to the highest attainable standard of health in as far as it limited access to generic medicines and drugs-PAO and 2 others v. Attorney General (2012) eKLR. The three petitioners in the matter were adults living with HIV/AIDS and at the time of the petition had been taking medication since generic ARVs became widely available. The petitioners averred that Section 2 of the legislation did not differentiate between counterfeits and generic drugs and thus they were afraid that, in its enforcement, the very drugs on which their lives depended would be criminalized and thus liable to seizure. Further that the cost of their treatment was likely to increase considerably as they would have to rely on branded drugs that are more expensive. The Court asked the State to reconsider the provisions of Section 2 of the Act alongside its Constitutional obligation to ensure that citizens have the highest attainable standards of health and make the appropriate amendments to the Act. It is expected that the required amendments will be passed by the 11th Parliament. The decision comes at a time when the donor-driven financing for the provision of HIV/AIDS related medical services especially life-saving drugs is decreasing; hence its importance. Moreover, for a country with a high disease burden, the availability of cheaper drugs and medicine should be a priority if the right to health is to be realized. Measures taken to reduce the still-birth rate and infant mortality 154. The State has in place policy measures to enable free access to healthcare in public hospitals for children aged less than five years including children with disabilities. This has resulted in remarkable achievements in the reduction of mortality for children aged less than five years from 115 per 1,000 live births in 2003 to 74 per 1,000 live births in 2008/9 and infant mortality from 77 per 1,000 live births to 52 per 1,000 live births in the same period. 155. The proportion of children fully immunized against communicable diseases increased from 64 per cent in 2005/06 to 77 per cent in 2009. However, the declining maternal health indicators are worrying. Maternal mortality ratio has deteriorated from 414 in 2003 to 488 deaths per 100,000 live births in 2008- 36