Kenyan case law
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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)
✦ This Tribunal has jurisdiction to determine the Claim as presented. The 2nd Respondent unlawfully disclosed the 1st Claimant’s HIV status to third parties without her consent.
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ZK v AR & another (Tribunal Case E038 of 2024) [2025] KEHAT 5 (KLR) (16 April 2025) (Judgment)
✦ The Notice of Preliminary Objection is denied. The 2nd Respondent is ordered to restrain from further disclosing the Claimant's HIV status to third parties and is ordered to pay Kshs.500,000/= in damages.
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TMM v ED (Tribunal Case 73 of 2023) [2025] KEHAT 3 (KLR) (21 March 2025) (Judgment)
✦ The Respondent violated the provisions of section 22 of the HIV and AIDS Prevention and Control Act by unlawfully disclosing the Claimant’s status, real or perceived, to third parties without the Claimant’s consent.
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VKW v CKW (Tribunal Case E047 of 2024) [2025] KEHAT 4 (KLR) (19 March 2025) (Judgment)
✦ The Tribunal finds no sufficient proof that the Respondent disclosed the Claimant’s HIV status to third parties.
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VM v RS & another (Tribunal Case 16 of 2023) [2025] KEHAT 1 (KLR) (12 March 2025) (Judgment)
✦ The Tribunal found that the Respondents unlawfully disclosed the Claimant’s HIV status to third parties.
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JLO v LTP & 2 others (Cause E010 of 2024) [2025] KEHAT 9 (KLR) (20 February 2025) (Judgment)
✦ The Tribunal found the Respondents liable and ordered them to pay compensation for psychological distress, stigmatization, and violation of rights; restrain from further publishing or disseminating the Claimant's story; and delete the story from their website.
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JK v AN (Tribunal Case 71 of 2023) [2025] KEHAT 12 (KLR) (Civ) (19 February 2025) (Judgment)
✦ The Tribunal finds that the Respondent's disclosure of the Claimant's HIV status was wrongful and unlawful.
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PM v SK & another (Tribunal Case 52 of 2023) [2025] KEHAT 6 (KLR) (19 February 2025) (Judgment)
✦ The Respondents did not disclose the Claimant's HIV status to third parties and therefore the claim fails.
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JA v BT (Cause 34 of 2023) [2025] KEHAT 11 (KLR) (12 February 2025) (Judgment)
✦ The Tribunal finds in favor of the Claimant.
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JAM (Suing on Behalf of DM a Minor) v BT (Tribunal Case 35 of 2023) [2025] KEHAT 2 (KLR) (12 February 2025) (Judgment)
✦ The Tribunal found the Respondent's disclosure unlawful and ordered her to stop spreading the information. The Tribunal also ordered the Respondent to pay damages and an injunction.
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SW v MBM (Tribunal Case 3 of 2024) [2025] KEHAT 7 (KLR) (Civ) (6 February 2025) (Judgment)
✦ The Tribunal finds that the Respondent unlawfully disclosed the Claimant’s HIV status to third parties without his consent, and that the Claimant suffered stigmatization and discrimination as a result.
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MOO v AAL (Cause 60 of 2023) [2025] KEHAT 10 (KLR) (24 January 2025) (Judgment)
✦ The Respondent’s manager disclosed the Claimant’s HIV status to third parties without his consent and awarded the Claimant Ksh. 500,000 for violation of rights and stigma and discrimination.
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CN v CK (Tribunal Case 23 of 2023) [2024] KEHAT 1751 (KLR) (17 December 2024) (Judgment)
✦ The Tribunal found no evidence of discrimination against the Claimant.
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EJK v JK & another (Tribunal Case 49 of 2022) [2024] KEHAT 1750 (KLR) (Civ) (17 December 2024) (Judgment)
✦ The Tribunal found that the Respondents disclosed the Claimant’s HIV status without her consent, contrary to the provisions of the HIV and AIDS Prevention and Control Act, and ordered compensation and an injunction.
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ANM v MU (Cause E008 of 2024) [2024] KEHAT 1752 (KLR) (Civ) (17 December 2024) (Judgment)
✦ The Tribunal finds in favor of the Claimant on the issue of compelled HIV testing without informed consent and the unlawful disclosure of his status to third parties.
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WMK v TM (Cause 67 of 2023) [2024] KEHAT 1754 (KLR) (13 December 2024) (Judgment)
✦ The Claimant's claim fails, and the suit is dismissed.
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MM v LN (Tribunal Case 70 of 2023) [2024] KEHAT 1753 (KLR) (11 December 2024) (Judgment)
✦ The court finds that MM has not proven her case on a balance of probability and that there was no unlawful disclosure of her HIV status.
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JM (Suing on Behalf of a Minor MS) v MN & another (Cause 028 of 2022) [2024] KEHAT 1481 (KLR) (17 October 2024) (Ruling)
✦ The Tribunal granted the application for a stay of execution of the interlocutory judgment and decree, restrained the Claimant from executing the judgment, and granted leave to the Respondents to defend the suit.
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RM v NA (Tribunal Case 007 of 2023) [2024] KEHAT 1477 (KLR) (17 October 2024) (Judgment)
✦ The Tribunal found in favor of the Claimant.
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DLM v ICN & 2 others (Tribunal Case 31 of 2022) [2024] KEHAT 1450 (KLR) (3 October 2024) (Judgment)
✦ The Tribunal found that the Respondents violated the Claimant's right to privacy under section 22 of HAPCA by publishing his HIV status without his consent.
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DKM (On Behalf of HMK) v PM (Cause 2 of 2024) [2024] KEHAT 1375 (KLR) (27 September 2024) (Judgment)
✦ The Respondent unlawfully disclosed the minor’s HIV status, known or perceived, to third parties without consent, violating section 22 of the HIV and AIDS Prevention and Control Act.
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WM v ST. MPS T & 2 others (Cause 008 of 2023) [2024] KEHAT 1414 (KLR) (27 September 2024) (Judgment)
✦ The Tribunal finds that the Claimant has not proved her claim to the requisite standards and dismisses the case.
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LNM v DNO (Tribunal Case E003 of 2023) [2024] KEHAT 1177 (KLR) (14 August 2024) (Judgment)
✦ The Tribunal found that the Respondent unlawfully disclosed the Claimant's HIV status to third parties.
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MA v FOO & another (Tribunal Case 009 of 2023) [2024] KEHAT 1004 (KLR) (31 July 2024) (Judgment)
✦ The Tribunal found that the Respondents disclosed the Claimant’s HIV status to third parties without her consent, violating her right to privacy and confidentiality.
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AKC v AKK (Tribunal Case 041 of 2023) [2024] KEHAT 1486 (KLR) (31 July 2024) (Judgment)
✦ The Tribunal found that the Claimant failed to prove that there was unlawful disclosure of his HIV status to third parties, and thus, the Claimant is not entitled to the reliefs sought.