The HIV and AIDS Tribunal of Kenya has ordered a preacher to pay Ksh 900,000 in damages to his former wife for unlawfully revealing her HIV status without her consent. The tribunal found that the preacher breached his ex-wife's constitutional right to privacy, causing her severe distress. The award is divided into Ksh 500,000 for the breach of confidentiality and Ksh 400,000 for emotional and psychological harm.
The dispute began with the woman's testimony that the preacher repeatedly disclosed her HIV diagnosis, subjecting her to social stigma and psychological distress, including suicidal thoughts. Neighbour witnesses corroborated her account, reporting that the preacher shouted about his wife's HIV status in public and announced it at a 2012 church gathering. This led to the tribunal issuing a permanent restraining order against the preacher.
Documentary evidence presented included a 2011 letter from a local chief recording a complaint that the woman had been physically assaulted and evicted from the marital home. The tribunal based its decision on Section 22(1)(a) of the HIV and AIDS Prevention and Control Act, which prohibits disclosing another person's HIV test results without written consent.
The HIV and AIDS Tribunal, established under Section 25 of the HIV and AIDS Prevention and Control Act of 2006, is the world's first specialized body to protect the rights of people living with HIV and address stigma and discrimination. The tribunal's decision emphasizes the legal protection of medical confidentiality in Kenya.
While granting damages for privacy breach and emotional harm, the tribunal rejected the claimant's request for compensation related to job loss, finding insufficient evidence linking her termination to the preacher's actions. The woman had claimed that she lost her job due to the preacher's disclosures, but the tribunal was not convinced.
The preacher's actions were found to have caused the woman severe social stigma and psychological distress. The tribunal's decision highlights the importance of protecting individuals' medical confidentiality and the consequences of breaching this confidentiality. The woman's case is a significant example of the tribunal's role in addressing stigma and discrimination against people living with HIV.
The HIV and AIDS Tribunal's decision has been hailed as a significant step towards protecting the rights of people living with HIV in Kenya. The tribunal's role in addressing stigma and discrimination is crucial in promoting a supportive environment for individuals living with HIV. The preacher's case serves as a warning to individuals who would disclose someone's HIV status without their consent.
Key points
- The HIV and AIDS Tribunal of Kenya ordered a preacher to pay Ksh 900,000 in damages for unlawfully disclosing his ex-wife's HIV status without her consent.
- The tribunal found that the preacher breached his ex-wife's constitutional right to privacy, causing her severe distress.
- The decision emphasizes the legal protection of medical confidentiality in Kenya, highlighting the consequences of breaching this confidentiality.
