SNW v AG [2019] eKLR Case Summary

Court
HIV and Aids Tribunal at Nairobi
Category
Civil
Judge(s)
Helene Namisi (Chairperson), Melissa Ngania, Tusmo Jama, J.T. Toroinet Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Dorothy Jemator
Judgment Date
October 18, 2019
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of SNW v AG [2019] eKLR, highlighting key legal principles and implications for future rulings. Ideal for legal professionals and students.

Case Brief: SNW v AG [2019] eKLR

1. Case Information:
- Name of the Case: SNW v. AG
- Case Number: HAT CASE NO. 003 OF 2018
- Court: HIV and AIDS Tribunal at Nairobi
- Date Delivered: 18th October 2019
- Category of Law: Civil
- Judge(s): Helene Namisi (Chairperson), Melissa Ngania, Tusmo Jama, J.T. Toroinet Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Dorothy Jemator
- Country: Kenya

2. Questions Presented:
- Whether there was a breach of confidentiality from the unlawful disclosure of the Claimant’s HIV status by the Respondent.
- Who shall bear the costs of the suit.

3. Facts of the Case:
- The Claimant, SNW, filed a suit against the Respondent, AG, for general damages due to the wrongful disclosure of her HIV status. The Claimant alleged that the Respondent, during a confrontation on 17th February 2018, publicly insulted her and disclosed her HIV status in the presence of her son and a friend. The Claimant contended that she had never disclosed her HIV status to the Respondent and was shocked to learn that the Respondent was aware of it. The Claimant sought damages for the emotional and psychological harm caused by the Respondent's actions.

4. Procedural History:
- The Claimant filed her Statement of Claim on 11th May 2018. Despite multiple attempts to serve the Respondent with notices, the Respondent refused to participate in the proceedings. On 26th July 2019, the Claimant presented her case, calling one witness to testify. The Claimant's evidence remained unchallenged due to the Respondent's absence.

5. Analysis:
- Rules: The court considered Section 22 of the HIV and AIDS Prevention and Control Act, 2006, which prohibits the disclosure of a person's HIV status without written consent. The court also referenced Articles 27, 28, 29, and 31 of the Constitution of Kenya, which protect the right to privacy and dignity.
- Case Law: The court cited the case of NM and Others v. Smith and another (2007) ZACC 6, which emphasized the necessity of protecting private medical information against unauthorized disclosure. Additionally, it referenced the case of Kenya Legal and Ethical Network on HIV & AIDS (KELIN) & 3 others v. Cabinet Secretary Ministry of Health & 4 others [2016] eKLR, which outlined the factors to consider when determining violations of privacy.
- Application: The court found that the Respondent's disclosure of the Claimant's HIV status constituted a clear violation of Section 22 of the Act. The Claimant did not consent to the disclosure, and the evidence presented by the Claimant and her witness remained uncontroverted, establishing that the Respondent's actions caused stigma and emotional distress.

6. Conclusion:
- The Tribunal ruled in favor of the Claimant, declaring the Respondent's disclosure of her HIV status as wrongful and unlawful. The Claimant was awarded Kshs. 250,000 in general damages, with interest accruing from the date of filing the suit until full payment. The Respondent was ordered to bear the costs of the suit.

7. Dissent:
- There were no dissenting opinions noted in the case brief.

8. Summary:
- The Tribunal found that the Respondent unlawfully disclosed the Claimant's HIV status, violating her rights under the HIV and AIDS Prevention and Control Act and the Constitution of Kenya. The decision underscores the importance of confidentiality in matters concerning HIV status, reinforcing legal protections against unauthorized disclosures and the associated stigma and discrimination. The ruling serves as a precedent for similar cases regarding the protection of personal health information.

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