The HIV and Aids Tribunal in Kenya has ruled in favor of a woman, known as LGG, who accused her former husband and preacher, GMM, of disclosing her HIV status without consent. The tribunal found that GMM's actions violated the HIV and Aids Prevention and Control Act. LGG had filed a claim seeking compensation for discrimination, psychological abuse, loss of dignity, and economic loss.
According to the tribunal, GMM unlawfully disclosed LGG's HIV status to relatives, church members, and community members during their marriage. LGG testified that her husband began telling her that she would die soon due to the virus and threatened to deny her money and property. She also accused him of withholding financial support, interfering with her employment, and using her HIV status to humiliate her during domestic disagreements.
The woman's testimony was corroborated by three witnesses, including a neighbor, a church member, and her sister. The neighbor testified that she heard GMM shout in Kikuyu that LGG was sick and had HIV. A church member also testified that GMM addressed the congregation and said LGG "is positive and infected with HIV." However, the tribunal rejected some allegations, including one related to a church service, due to insufficient evidence.
GMM denied the allegations, stating that he had supported his former wife after learning of her HIV status and attended couples' therapy with her. A church official also testified in his defense, producing a duty rota that did not list GMM as the presiding clergy on the alleged day. However, the tribunal found supporting evidence in a letter from a village chief stating that LGG had reported being chased from her home and slapped in her brother's presence.
The tribunal awarded LGG Sh900,000 in damages, including Sh400,000 for psychological trauma and Sh500,000 for unlawful disclosure. The tribunal also restrained GMM from revealing LGG's HIV status again. The ruling cited Section 22(1)(a) of the HIV and Aids Prevention and Control Act, which states that no person shall disclose any information concerning the result of an HIV test or related assessments without the written consent of the person.
The tribunal noted that while GMM's unlawful disclosure had caused LGG psychological trauma, her mental health had also been affected by the divorce and unresolved property issues. The tribunal declared that it did not have jurisdiction over these issues, which fall under the Family Court. LGG had also sought compensation for economic loss, but the tribunal rejected this claim due to lack of evidence.
The case highlights the importance of protecting individuals' confidentiality and dignity, particularly in cases involving HIV status. The ruling also underscores the need for awareness and education on the HIV and Aids Prevention and Control Act, which aims to prevent discrimination and stigma against individuals living with HIV.
Key points
- The HIV and Aids Tribunal ordered a preacher to pay his ex-wife Sh900,000 for unlawfully disclosing her HIV status.
- The tribunal found that the preacher's actions violated the HIV and Aids Prevention and Control Act.
- The case highlights the importance of protecting individuals' confidentiality and dignity, particularly in cases involving HIV status.
