Man Fined KSh 850k For Disclosing HIV Status Of Friend On WhatsApp Group

• A man named FO faced legal consequences after disclosing another man's HIV status in a political WhatsApp group
• FO was ordered to pay KSh 850,000 as compensation for revealing PMM's HIV status to the political WhatsApp group and causing him pain
• The HIV/AIDS tribunal, led by Carolyne Mboku reiterated an individual's HIV status is private and confidential matter

A Kenyan man has been fined KSh 850,000 for disclosing the HIV status of another man in a political WhatsApp group.

The suspect, identified as FO in the case documents, was asked to pay the complainant, identified as PMM, KSh 850,000, for alleging that he was HIV positive in a political WhatsApp group.

The HIV/AIDs tribunal ruled that FO caused the complainant pain and stigma by alleging that he had the disease in the 'ODM Team Matungu Subcounty' WhatsApp group with around 170 members.

PMM told the Carolyne Mboku-led tribunal that the suspect wrote an insolent message in the group after he posted divergent political views on the Matungu parliamentary race.

The evidence tabled before the court showed that FO told PMM to harm himself because of he was HIV positive.

"Naskia uko na ukimwi, si umeze tu madawa (I hear you have HIV, just take the medicines)," the suspect's message in the group read.

HIV and related stigma in Kenya

The complaint explained he suffered irreparable loss of dignity and stigma from friends and family, saying his wife even started sleeping in a separate bedroom after getting wind of his rumoured HIV status.

PMM told the tribunal he tried seeking an apology from the suspect, but he shrugged him off, saying 'nonsense', to his concerns.

The tribunal ruled that the HIV status of an individual is a private matter which should be kept confidential.

Further, the Mboku-led bench also warned the respondent from harassing, discriminating or stigmatising the complainant, who the court offered KSh 3,000 for special damages.

Hospital ordered to pay woman for disclosing her HIV status

Similarly, in 2021, the High Court in Nairobi ordered Mediheal Hospital to pay a woman KSh 2 million for disclosing her HIV status without her consent.

Justice Hellen Ong'undi awarded the woman code-named Rao the money as damages for the stigma and emotional distress she suffered.

The judge stated that the petitioner was unfairly treated by her employers.

The aggrieved lady said her supervisor was also informed of the test results leading to her being reassigned duties to work in the laundry department.