In a landmark ruling, a Kenyan tribunal has ordered a man, identified only as SM, to pay nearly Sh900,000 in damages for revealing another man’s HIV status during a heated political debate on a WhatsApp group. The group, known for its high-profile opinion leaders and consisting of 220 members, became the arena for a charged exchange just days before the 2022 elections.
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The argument reached its peak when SM disclosed that PMM was HIV positive with a derogatory remark, leading to PMM’s legal action. PMM expressed that the post caused him humiliation, shame, and psychological distress, necessitating counseling services.
The court heard that the disclosure led to mockery, discrimination, and psychological torture for PMM. He sought not only a court order to prevent further disclosure by SM but also a declaration that his rights had been infringed upon, alongside damages for the impairment of dignity and emotional, physical, and psychological suffering.
Despite being summoned, SM failed to appear in court or defend himself. The HIV Tribunal emphasized the societal discrimination faced by people living with HIV, stating that such privacy breaches are a violation of rights, especially given the advancements in HIV prevention, care, and treatment.
The tribunal found the disclosure wrongful and unlawful, violating Section 22 of the HIV and Aids Prevention Control Act. PMM was awarded Sh350,000 for the unlawful disclosure and an additional Sh500,000 for the impairment of dignity and suffering caused. He also received Sh3,000 in special damages for counseling expenses.
This decision underscores the legal protections afforded to individuals’ privacy and the serious repercussions of violating them, particularly in the context of HIV status disclosure.
