SW v MBM (Tribunal Case 3 of 2024) [2025] KEHAT 7 (KLR) (Civ) (6 February 2025) (Judgment)

Facts

The Claimant, SW, alleged that the Respondent, MBM, unlawfully disclosed his HIV status to third parties without his consent. The Respondent also posted pictures of the Claimant on social media with captions indicating his HIV status.

Issues

1. Whether the Respondent unlawfully disclosed the Claimant’s HIV status to third parties without the Claimant’s consent
2. Whether as a result of the unlawful disclosure, the Claimant suffered stigmatization and/or discrimination as described in the HIV and AIDS Prevention and Control Act

Reasoning

The Tribunal relied on section 22 of the HIV and AIDS Prevention and Control Act, which prohibits the disclosure of HIV status without consent. The Tribunal found that the Respondent’s actions violated this provision and led to stigmatization and discrimination.

Outcome

The Respondent is ordered to cease and desist from disclosing the Claimant’s HIV status and to pay damages for the violation of his rights.

Authorities cited