HIV Archives - Daily Chronicles

A petition seeking to decriminalize deliberate transmission of HIV or any other Sexually Transmitted Diseases (STI) diseases should be dismissed by the high court says Attorney General Paul Kihara. The law says that any person who deliberately or intentionally infects another with HIV or any other life threatening STIs is guilty of an offence, whether or not he or she is married to that other person and shall be liable upon conviction to imprisonment for a term of not less than 15 years but may be enhanced for life. The petitioners argue that the law creates criminal sanctions and punishes persons living with HIV and is unconstitutional for violating their rights, such as the right to freedom from discrimination. "In examining the purpose, effect, historical background ...

A hospital has been fined Sh2 million for conducting HIV tests on a woman without her consent. The woman had been initially awarded Sh900,000 by a tribunal but Justice Hedwig Ong'udi increased the fine. Ong’udi noted that a test like that of HIV cannot be lumped with other tests and assumed to have been consented to. “There must be counselling and preparation before this test is taken. None of these was undertaken,” Justice Ong'udi said. The woman was an employee at the hospital. She sued her former employer for testing her without consent, without pre-test or post-test counselling and unlawfully disclosing the status causing her so much psychological trauma. She had been awarded Sh900,000 by the HIV-Aids tribunal as compensation for damages. But the court found that...

Tag: HIV

AG Kihara Opposes Bid Set To Dismiss Law Criminalizing The Spread Of HIV

Hospital to pay woman Sh2m for testing HIV without her consent