JOO v PH & another (Tribunal Case 010 of 2021) [2024] KEHAT 846 (KLR) (31 May 2024) (Judgment)
- Court
- KEHAT
- Case number
- 846
- Citation
- [2024] KEHAT 846 (KLR)
- Decided
- 31 May 2024
The Tribunal finds that the Respondent did not obtain the Claimant's informed consent to be tested for HIV, violating section 14 of the HIV and AIDS Prevention and Control Act. The Claimant is awarded Kes. 650,000 in costs of the suit.
Facts
The Claimant, JOO, presented for an annual medical checkup at the 1st Respondent's health facility. The 2nd Respondent, a health care worker, asked for consent to test the Claimant for HIV, which he declined. The 2nd Respondent proceeded to test the Claimant without obtaining his consent.
Issues
- Whether the Claimant consented to be tested for HIV?
- Whether the Claimant was compelled to test for HIV?
- Whether the Claimant was offered HIV pre-test and post-test counseling?
- Whether the Claimant's HIV status was disclosed to third parties?
- Whether the Claimant is entitled to the reliefs sought?
Reasoning
The Tribunal determined that the Claimant did not consent to the HIV test and that the Respondent did not offer pre-test and post-test counseling, both in violation of the Act.
Outcome
The Claimant is awarded costs of the suit.
Orders
- Award of costs of the suit to the Claimant
Remedies
- Award of costs of the suit to the Claimant
Authorities cited
Legislation (1)
- HIV and AIDS Prevention and Control Act
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