RAO v MGH & 2 others [2020] KEHAT 39 (KLR)
- Court
- KEHAT
- Case number
- 39
- Citation
- [2020] KEHAT 39 (KLR)
- Decided
- 27 November 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeHIV and AIDS TribunalPostureAppeal from an original trialCoramHelene Namisi (Chairperson), Melissa Ng'ania, Justus T. Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Tusmo Jama, Dorothy Kimeng'ech
Holding
The Tribunal found in favor of the Claimant on all issues.
Facts
The Claimant was tested for HIV without her consent at the Respondents' facility. The test results were disclosed to the Human Resource Department of the Respondents' employer.
Issues
- Whether the 3rd Respondent obtained the prior informed consent of the Claimant before testing her for HIV
- Whether the Respondents conducted the mandatory pre and post HIV test counseling therapy
- Whether the Respondents disclosed the Claimant’s HIV results to a third party
Reasoning
The Tribunal determined that the Respondents did not obtain informed consent from the Claimant before conducting the HIV test, did not provide pre-test and post-test counseling, and disclosed the Claimant's HIV results to a third party.
Outcome
In favor of the Claimant
Remedies
- Damages for testing the Claimant without her consent
- Damages for testing the Claimant without pre-test or post-test counselling
- Damages for the breach of confidentiality, unlawful disclosure, impairment of dignity, emotional and psychological suffering
- Damages for bad publicity of the subject matter
- Interests in (a) and (c) above at court rates till payment in full
Authorities cited
Legislation (1)
- HIV and AIDS Prevention and Control Act 2011 (HAPCA)
Cases cited (1)
- CNM –vs- Karen Hospital Ltd, HAT No. 008 of 2015
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.
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