M A O v S M & H M [2020] KEHAT 101 (KLR)

Facts

The Claimant, M.A.O., alleged that the Respondents, S. M. and H. M., disclosed her HIV status to third parties without her consent, leading to stigmatization and harassment. The Respondents denied these allegations.

Issues

1. Whether the Respondents disclosed the Claimant’s HIV status to third parties without her consent
2. Whether the Respondents’ disclosure of the Claimant’s status led to stigmatization and harassment
3. Whether the Claimant is entitled to the reliefs sought

Reasoning

The Tribunal found that the Claimant’s evidence was corroborated by witnesses, indicating that insults were exchanged and the Claimant’s status was disclosed. The Respondents’ denial of the allegations was not supported by evidence.

Outcome

The Respondents are found to have disclosed the Claimant’s HIV status without her consent and to have caused stigmatization and harassment.

Authorities cited