RN v ROO [2019] KEHAT 33 (KLR)
- Court
- KEHAT
- Case number
- 33
- Citation
- [2019] KEHAT 33 (KLR)
- Decided
- 22 November 2019
The Respondent did not address the issue of physical violence in his pleadings or testimony, making it probable that he may have inflicted some physical assault on the Claimant. The Respondent is not liable for the civil aspects of the case.
Facts
Claimant was diagnosed with HIV in June 2016 and disclosed her status to Respondent. Respondent became violent, particularly after the disclosure. Claimant reported violence in September 2016 and April 2018, but did not report to police or seek criminal charges.
Issues
- Whether Respondent abused the Claimant as stated in the Statement of Claim and Notice of Motion
- Whether Respondent disclosed Claimant’s status without her consent
- Whether Claimant is entitled to the reliefs sought
Reasoning
The Tribunal notes the serious allegations of physical abuse but finds the Respondent's silence on the issue of physical violence probable evidence of physical assault. The jurisdiction of the Tribunal only allows determination of civil aspects, including status.
Outcome
The Respondent is not liable for the civil aspects of the case.
Authorities cited
Legislation (2)
- HIV and AIDS Prevention and Control Act, 2006
- Evidence Act
Cases cited (2)
- Teresia Njoki Mwangi v Elizabeth Wanjiru Kimani (2010) eKLR
- Geoffrey Githiri Kamau v Attorney General (2015) eKLR
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