AMW v LCVT Health (Tribunal Case 16 of 2020) [2021] KEHAT 674 (KLR) (17 December 2021) (Judgment)

Facts

The Claimant, a peer educator, was publicly shamed by three Respondent's employees who called her a 'defaulter' for not taking her antiretroviral drugs (ARVs). The employees disclosed her HIV status to her friends, fellow peer educators, and staff members.

Issues

1. Whether the Respondent’s employees unlawfully disclosed the Claimant’s HIV status to third parties without her consent
2. Whether the Respondent is vicariously liable for violation of the Claimant’s rights by its employees
3. Whether as a result of the unlawful disclosure the Claimant suffered stigmatization and/or discrimination
4. Whether the Claimant is entitled to damages

Reasoning

The Tribunal held that the employees’ public outbursts about the Claimant’s status violated the Act, and that the Claimant suffered stigmatization and discrimination.

Outcome

The Tribunal ordered the Respondent to pay damages to the Claimant for the unlawful disclosure of her HIV status.

Authorities cited