The Kenyan Defense Forces (KDF) have been ordered to pay Ksh 1 million to a recruit as compensation for conducting unlawful HIV testing and engaging in discrimination based on HIV status.
After the recruit tested positive, KDF dismissed the individual from the military training college. The 23-year-old contested the action at the HIV/AIDS Tribunal, which found KDF guilty of involuntary testing and disclosure of the recruit’s status.
The tribunal also found KDF guilty of not providing pre- and post-test counseling for the recruit.
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The tribunal awarded Ksh 1 million in compensation, citing Article 27 of the Constitution, which prohibits the state from discriminating based on health status.
KDF also violated the HIV/AIDS Prevention and Control Act of 2007, which prohibits compulsory HIV testing as a condition for employment.
Dr. Ruth Laibon Masha, the Chief Executive Officer of the National Syndemic Diseases Control Council (NSDCC), warned employers against discriminating against people with HIV.
She added, “We have been enlightening state corporations and other employers to support persons living with HIV and not discriminate against anyone.”
Dr. Ruth also emphasized that the laws in place provide protection from discrimination on any grounds related to one’s medical status.