SKM v C. B. M & 3 others [2021] KEHAT 633 (KLR)

Facts

The Claimant, a resident at a medical reception station, alleges that a nurse disclosed her HIV status without her consent, leading to emotional and psychological trauma and social stigma.

Issues

1. Whether the 1st Respondent unlawfully disclosed the Claimant’s status without her consent
2. Whether the Claimant suffered emotionally or psychologically
3. Whether the Claimant suffered stigma or harassment
4. Whether the Claimant is entitled to damages

Reasoning

The court follows the legal and evidential burden of proof principles, with the Claimant bearing the legal burden and the evidential burden shifting if sufficient evidence is presented.

Outcome

The appeal is dismissed

Authorities cited