Man Fined KES 850,000 for Divulging HIV Status of Another Man in a WhatsApp Group

HIV and Aids Tribunal has ordered a man to pay KES 850,000 to another man for disclosing his HIV status when they engaged in a heated political exchange in a Matungu Whatsapp group. The incident happened days to the 2022 elections.

In May 2021 another court fined a Siaya man KES 900,000 for a similar offence of divulging the HIV status of another person in a WhatsApp group.

In the Siaya case the man who disclosed on a WhatsApp group that another man was HIV-positive in during a political argument was ordered by the tribunal to pay KES 900,000 as compensation.

Disclosure of his status made the man a social pariah. He lost his marriage, access to his child and was forced to relocate from Siaya to Nairobi to avoid ridicule.

MO was directed by the HIV and Aids Tribunal on May 7 to pay the money as compensation to GO for disclosing his status.

MO said GO made negative remarks about him, alleging at some point that he was corrupt. He urged the tribunal to dismiss the case.

The seven-member tribunal led by Hellen Namisi found MO violated the law in disclosing GO’s status, real or perceived, without his consent and discriminated against him.

Of the Sh900,000, Sh400,000 was compensation for unlawful disclosure and Sh500,000 was compensation for damage and trauma due to disclosure.

The court said as a result of the disclosure, GO could not walk in his community without whispers and talk behind his back.

His work performance declined greatly because of his mental state. He and his wife are separated since she heard he was HIV-positive. She blamed him for not telling her his status.

She left with their child and GO has been unable to see the child since the separation. Missing his child has caused great pain.

MO’s posts to the WhatsApp group have reverberated throughout GO’s life.

The disclosure forced him to relocate to Nairobi because it had become too difficult for him to associate freely with other family members and village mates.

“It is, therefore, our finding that the claimant suffered stigmatisation as a result of the unlawful disclosure of his status by the respondent,” the tribunal held.

GO sued MO before the HIV and Aids Tribunal.

On November 27, 2020, GO filed a case seeking to restrain MO from disclosing his HIV status and from discriminating against and harassing him.

He also sought an award as compensation for impairment of his dignity and his emotional and psychological suffering.

According to suit papers, GO and MO were members of the same social media platform, known as Rarieda Political Forum.

The group had at least 250 members.

The trouble began on May 14, 2019, when GO engaged in a political discussion on that WhatsApp group. He expressed views that diverged from those of MO.

In retaliation, MO is said to have posted a comment in the native Dholuo language on the WhatsApp group, alleging GO was HIV-positive.

Thereafter, on two separate occasions, MO is said to have hurled insults at GO in both Dholuo and English, suggesting he was HIV-positive.

The tribunal heard MO was unapologetic and has continued to discriminate, harass and frustrate GO by his continued verbal abuse, telling him to complain to the International Criminal Court if he wishes.

Some members of the group, the tribunal was told, asked MO to take down his posts and apologise. He refused.

As a result of the remarks, GO said, he suffered mockery from other people in other groups.

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