MAO (Suing as the mother and next friend to the Minor) & another v BRK Limited & another (Cause E007 of 2024) [2025] KEHAT 8 (KLR) (14 October 2025) (Judgment)

Facts

The 1st Claimant, the mother of the 2nd Claimant (the minor), was employed by the 1st Respondent as an Administrator. The 2nd Respondent is a Director of the 1st Respondent and is also an aunt to the 2nd Claimant. The 1st Claimant claims that the 2nd Respondent disclosed her HIV status to third parties without her consent, leading to stigmatization and discrimination.

Issues

1. Whether this Tribunal has jurisdiction to determine the Claim as presented.
2. Whether the 2nd Respondent unlawfully disclosed the 1st Claimant’s HIV status, known or perceived, to third parties without consent.
3. Whether the Claimants suffered stigmatization and/or discrimination.
4. Whether the Claimants are entitled to the reliefs sought.

Reasoning

The Tribunal has jurisdiction under the HIV and AIDS Prevention and Control Act, Cap.246A, and the 2nd Respondent’s disclosure of the 1st Claimant’s HIV status to third parties without her consent is in violation of the Act.

Outcome

The 2nd Respondent is ordered to stop further disclosure and to apologize in writing to the 1st Claimant. General damages and interest are awarded to the 1st Claimant.

Authorities cited