[2019] KEHAT 17 (KLR)

[2019] KEHAT 17 (KLR)

The Tribunal found that while the evidence was insufficient to establish unauthorized disclosure of the Claimant’s HIV status by the Respondent, there was compelling evidence of emotional and psychological suffering inflicted upon the Claimant by the Respondent following her disclosure of her HIV status. The Tribunal held that its jurisdiction did not extend to awarding damages for physical injuries, as these fall outside the civil scope of the Tribunal’s mandate. However, the Tribunal is empowered to award damages for emotional and psychological harm under the HIV and AIDS Prevention and Control Act. The Tribunal also determined that compelling a public apology would infringe upon the...

Citation
[2019] KEHAT 17 (KLR)
Parties
Applicant: RN; Respondent: ROO
Court
HIV and AIDS Tribunal
Jurisdiction
Kenya
Judgment Date
22 November 2019
Case Number
Tribunal Case 10 of 2018
Procedural Posture
Civil Claim / Judgment
Outcome
judgment for the claimant in part
Legal Topics
Hiv Status Disclosure, Emotional Distress Damages, Domestic Violence Allegations, Confidentiality Rights
Source Language
English
Civil Procedure Family and Children Hiv Status Disclosure Emotional Distress Damages Domestic Violence Allegations Confidentiality Rights

Case Brief

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Parties

RN

Applicant

ROO

Respondent

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the Respondent abused the Claimant as alleged in the Statement of Claim and Notice of Motion dated 6th November, 2018.
  2. 2 Whether the Respondent disclosed the Claimant’s HIV status without her consent.
  3. 3 Whether the Claimant is entitled to the reliefs sought, including damages and a public apology.

Ratio Decidendi

The Tribunal found that while the evidence was insufficient to establish unauthorized disclosure of the Claimant’s HIV status by the Respondent, there was compelling evidence of emotional and psychological suffering inflicted upon the Claimant by the Respondent following her disclosure of her HIV status. The Tribunal held that its jurisdiction did not extend to awarding damages for physical injuries, as these fall outside the civil scope of the Tribunal’s mandate. However, the Tribunal is empowered to award damages for emotional and psychological harm under the HIV and AIDS Prevention and Control Act. The Tribunal also determined that compelling a public apology would infringe upon the...

Court Disposition

judgment for the claimant in part

Orders

  • The Claimant is awarded Kshs 300,000 for emotional and psychological suffering.
  • The Claimant is awarded costs of the suit.