CMO v Kenya Airways Limited, Kenya Airways Medical Centre-Pride Clinic & Phanice Nafula Maonga [2021] KEHAT 84 (KLR)

Facts

Claimant was an employee of Kenya Airways Limited who visited Kenya Airways Medical Centre-Pride Clinic for antenatal care. She disclosed her HIV status to the clinic's General Practitioner, Dr. Phanice Nafula Maonga. The clinic conducted various tests, including HIV tests, and shared her patient history with the Kenya Medical Practitioners and Dentists Council.

Issues

1. Whether there was unlawful disclosure and breach of confidentiality of the Claimant’s status
2. Whether the Claimant was discriminated upon based on her status
3. Whether the Claimant gave informed consent for the HIV related tests
4. Whether the Claimant is entitled to damages

Reasoning

The Tribunal held that the Claimant's HIV status was disclosed without her consent, but the Respondents argued that the Claimant could have called a witness to corroborate her claim. The Tribunal also noted that the Kenya Medical Practitioners and Dentists Council is authorized to disclose information under certain conditions.

Outcome

The Tribunal dismissed the Claimant's claim for unlawful disclosure and breach of confidentiality.

Authorities cited