A man who used a members alleged HIV status to abuse him during a heated WhatsApp group banter will now have to pay Sh 850,000 in damages to the victim.
P.M moved to the last year seeking damages for what he called stigmatization by FO who they were in the same ODM WhatsApp group with.
HIV and AIDS tribunal entered judgement in favour of P.M and directed FO to pay a cumulative sum of Sh 850,000 as general damages for disclosing his alleged HIV status.
The tribunal is chaired by Caroline Mboku and the members are W. Jack, NW Osiemo, B.O Yogo, Jane Ngoiri and S. Musani.
FO is alleged to have written a message in Swahili saying “Naskia uko na Ukimwi, si umeze tu madawa juu ya kujinyonga,”
He told the tribunal that after that message he was shunned by friends saying that even his wife moved from their matrimonial bed and people in church avoided him.
“word on his alleged HIV status got to his wife who in turn moved from their matrimonial bed and started sleeping in a separate bedroom,” the judgement reads in part.
He claimed that they were in a western Kenyan ODM constituency Whatsapp and when they differed in political views on who will elections, FO allegedly said he had HIV.
The group had over 170 members and he told the tribunal that he post was made in the presence of all members.
The tribunal ruled that a person’s HIV status is a private affair and should not be disclosed to third parties without consent.
“It is our finding that the Respondent’s actions amounted to a violation of the provisions of section 22 of HAPCA, and that he unlawfully and without consent of the Claimant, disclosed the Claimant’s status, real or perceived, to third parties, being the members of the aforementioned WhatsApp group,” the tribunal ruled.
FO who never responded to the case before the tribunal has been barred from disclosing PMM’s HIV status, discriminating, stigmatizing and harassing him.
