HIV Tribunal Orders Three Organisations to Pay Sh1.2 Million for Disclosing Student’s Status
Kenya’s HIV and AIDS Tribunal has ordered three organisations to jointly pay Sh1.2 million to a university student after her HIV status was shared and published without her written consent.
The decision was delivered on February 20, 2025, in a case filed by a student identified as JLO. The respondents were a programme that supported her, its managing institute, and the publisher of SkyGirls Magazine.
The claimant said she had lived with HIV since birth but learned of her status in 2018. In July 2022, an employee asked her to write her story, assuring her it would remain confidential and could encourage other girls.
However, the story was shared with the magazine publisher and later appeared with her full names. She said she had not agreed to its publication and learned about it after a friend contacted her.
She said the disclosure affected her relationships, as some friends and classmates avoided her. Witnesses said the story became a topic of discussion among students and that she appeared distressed.
The respondents argued that consent had been given. However, the tribunal found no written proof. It said writing a personal story did not mean the claimant had agreed to have her HIV status published.
The tribunal ruled that the disclosure breached the HIV and AIDS Prevention and Control Act, which protects the privacy of people’s HIV status. It awarded Sh500,000 for unlawful disclosure and Sh700,000 for emotional distress, stigma, and exemplary and punitive damages.
The respondents were also ordered to pay legal costs and interest. The magazine publisher was directed to remove the story within 24 hours and not publish her information without informed consent. The programme and its managing institute were ordered to train staff on confidentiality.
Leave a Reply