M A O v S M & H M [2020] eKLR Case Summary

Court
HIV and Aids Tribunal at Nairobi
Category
Civil
Judge(s)
Helene Namisi (Chairperson), Melissa Ng’ania, Justus T. Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Tusmo Jama, Dorothy Kimeng’ech
Judgment Date
May 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the M A O v S M & H M [2020] eKLR case summary, highlighting essential legal principles and outcomes that impact future judgments. Understand the implications of this ruling for similar cases.

Case Brief: M A O v S M & H M [2020] eKLR

1. Case Information:
- Name of the Case: M.A.O. v. S.M. & H.M.
- Case Number: H.A.T CAUSE NO. 9 OF 2017
- Court: HIV & AIDS Tribunal at Nairobi
- Date Delivered: 26th May 2020
- Category of Law: Civil
- Judge(s): Helene Namisi (Chairperson), Melissa Ng’ania, Justus T. Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Tusmo Jama, Dorothy Kimeng’ech
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court are:
1. Whether the Respondents disclosed the Claimant’s HIV status to third parties without her consent.
2. Whether the Claimant suffered stigmatization and/or harassment as a result of this unlawful disclosure.
3. Whether the Claimant is entitled to the reliefs sought.

3. Facts of the Case:
The Claimant, M.A.O., was a tenant of the 1st Respondent, S.M., and lived near the 2nd Respondent, H.M. In March or April 2017, the 2nd Respondent learned of the Claimant's HIV status and subsequently began verbally abusing her publicly, including in the presence of the Claimant's children. Following the escalation of tensions, the 1st Respondent refunded part of the Claimant's rent and demanded she vacate the premises without providing a clear rationale. The Claimant alleged that the eviction was discriminatory due to her HIV status, leading to significant emotional distress and financial loss.

4. Procedural History:
The Claimant initiated proceedings on 21st September 2017, seeking damages, a public apology, and costs. In response, the Respondents denied the allegations, asserting that the eviction was due to the Claimant's rent arrears and disruptive behavior. The case proceeded through the Tribunal, where both parties presented evidence and witness testimonies to support their claims.

5. Analysis:
Rules:
The court considered Section 22 of the HIV & AIDS Prevention and Control Act, 2006 (HAPCA), which prohibits the disclosure of a person's HIV status without their consent.

Case Law:
The Tribunal referenced previous cases, including *BNN –vs- CMM (2019) eKLR*, which emphasized that the burden of proof lies with the claimant to demonstrate violations of HAPCA. The court also noted that both actual and perceived statuses are protected under the law.

Application:
The Tribunal found that the Claimant's evidence, corroborated by witnesses, indicated that the 2nd Respondent did disclose her status without consent, thus violating HAPCA. However, the court determined that the Claimant did not sufficiently demonstrate that she suffered harassment or stigma as a result of this disclosure, as much of the conflict appeared to be rooted in landlord-tenant disputes rather than discrimination based on her status.

6. Conclusion:
The Tribunal ruled that the 2nd Respondent unlawfully disclosed the Claimant's HIV status, which violated HAPCA. The Claimant was awarded Kshs 250,000 in general damages, while her claims against the 1st Respondent were dismissed. The decision underscores the importance of confidentiality regarding HIV status and the need for careful handling of such sensitive information.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Tribunal's ruling emphasized the violation of the Claimant's rights under HAPCA due to the unauthorized disclosure of her HIV status by the 2nd Respondent. The awarded damages reflect recognition of the stigma associated with such disclosures, while the dismissal of the claims against the 1st Respondent highlights the complexities of landlord-tenant relationships. This case serves as a critical reference for future disputes involving HIV status confidentiality and discrimination.

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