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