Man expelled from KDF training over HIV wins Sh1m
HIV-positive antigen test result.
What you need to know:
- KDF was also found guilty of not providing pre or post-counseling for the recruit.
- KDF action also violated the HIV and AIDS Prevention and Control Act, 2007.
The Kenya Defence Forces (KDF) has been ordered to pay a recruit Sh1 million for an unlawful HIV test and discrimination based on health status.
After the test turned positive, KDF dismissed the recruit from military training college in 2021.
The 23-year-old recruit contested the action at the HIV and AIDS Tribunal, which found KDF guilty of involuntary testing and disclosure of medical status.
KDF was also found guilty of not providing pre or post-counseling for the recruit.
The tribunal last Friday awarded Sh1 million in compensation, citing Article 27(4) of the constitution, which prohibits the state from discriminating based on health status.
KDF action also violated the HIV and AIDS Prevention and Control Act, 2007, which prohibits compulsory HIV testing as a condition for employment or continued employment.
Speaking to Nation.Africa in a telephone interview, the victim whose name cannot be disclosed for legal reasons welcomed the verdict.
“Today is a day of joy not only for me but also for the silent majority living with HIV and who have been discriminated against in workplaces. Finally, they will join the military without being discriminated against,” he said while thanking God and his lawyers.
“I wish to thank the Kenya Legal Ethical Issues Network on HIV and Aids (Kelin) and partners for taking up my issue and providing me with a lawyer and counsellors free of charge. I also thank Daily Nation for telling my story because it is how Kelin got to know that I exist,” he said.
He added: “The journey has been sour, I gave up several times but found hope in God and my lawyers.”
Recruits Training School
He recalled his first day at the Recruits Training School in Eldoret on December 25, 2021.
“I was one of the 500 who were picked to join KDF out of 35,000 people. Being a second born in a family of 10 children and four mothers meant that I was now the sole breadwinner after my elder brother died in a boat accident," he explained.
The young man was issued platoon number 58 and dispatched to Simba Division to begin the course.
He still believes KDF will allow him to achieve his dream of being a military officer.
He hasn’t given up on his dream although his peers have since graduated.
Positive HIV status
Constitutional lawyer Dan Okemwa praised the tribunal's ruling.
“This was an invasion of privacy and confidentiality for an employer to test his status without knowledge or consent. Also, remember that an employee cannot be deemed to be medically unfit solely based on a positive HIV status,” said Mr Okemwa.
“He has been taking antiretroviral therapy religiously and has a very negligible viral load, which means he is as healthy as any other person,” he added.
Dr Ruth Laibon-Masha, the Chief Executive Officer of the National Syndemic Diseases Control Council warned employers about discriminating against persons living with HIV/Aids.
“We have been enlightening state corporations and other employers so that they support persons living with HIV and not discriminate against anyone,” she said.
She stressed the law provides for protection from discrimination on any grounds including one’s HIV status.
