• People are discriminated at work, schools, in travel/habitation, services and hospitals
• The government came up with a law in 2006 that defines offences and their penalties
Image: JACK OWUOR
The government, in consultation with different stakeholders, has come up with a law to protect people living with HIV-Aids against discrimination.
The law, which is known as the HIV and Aids Prevention and Control Act, was enacted in 2006. It lists what constitutes offences together with penalty.
Under the law, what constitutes an offence is discrimination at workplace because of one’s HIV-Aids status, discrimination in schools, restriction on travel or habitation, inhibition from public service, exclusion from credit and insurance services, denial of burial services and discrimination in health institutions.
It is also an offence to compel someone to undergo testing, disclose of one’s status without consent and negligence while conducting the test.
A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment for a term not exceeding two years or to a fine not exceeding Sh100,000 or both.
Under the Act, the result of an HIV test shall be confidential and only be released to the tested person. In the case of a child, they'll be released to a parent or legal guardian of such child.
Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall be released to the child. In the case of a person with a disability which, in the opinion of the medical practitioner undertaking the test, renders him incapable of comprehending such result, they'll be released to the guardian of that person, a partner of that person, a parent of that person or an adult offspring of that person.
It also says that no person shall compel another to undergo an HIV test as a precondition to, or for the continued enjoyment of, employment, marriage, admission into any educational institution, entry into or travel out of the country, or the provision of healthcare, insurance cover or any other service.
On the strength of this law, the state came up with the HIV Tribunal. The seven-member tribunal has all the powers of a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call for the production of books and other documents.
Where the tribunal considers it desirable for the purpose of minimising expense or avoiding delay or for any other special reason, it may receive evidence by affidavit and administer interrogatories and require the person to whom the interrogatories are administered to make a full and true reply to the interrogatories within the time specified by the tribunal.
In its determination of any matter, the tribunal may take into consideration any evidence it considers relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be admissible under the Evidence Act (Cap 80).
It will also have power to summon expert evidence as may be necessary for the discharge of its functions.