JKO v Nairobi West Hospital Limited [2018] KEHAT 2 (KLR)
- Court
- KEHAT
- Case number
- 2
- Citation
- [2018] KEHAT 2 (KLR)
- Decided
- 17 August 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMedical MalpracticePostureAppeal from a decision of the HIV & AIDS TribunalCoramMR. JOTHAM O. ARWA, HIV AND AIDS TRIBUNAL CHAIRMAN
Holding
The Claimant is awarded Kshs 1,000,000 in damages for being compelled to undergo an HIV test without his informed consent. The claim of negligence is dismissed.
Facts
The Claimant was tested for HIV at the Respondent hospital without his informed consent. He was informed he was HIV positive, but later found out he was not.
Issues
- Whether the Respondent compelled the Claimant to undergo an HIV test without his informed consent
- Whether the Respondent provided the Claimant with pre and post HIV test counselling as required by law
- Whether the Respondent was negligent in prescribing HIV/AIDS treatment drugs to the Claimant
Reasoning
The Claimant failed to prove he was not given pre-test and post-test counseling. The court finds the Claimant was compelled to undergo the test without informed consent.
Outcome
Awarded Kshs 1,000,000 in damages
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…