A Kenyan woman is set to receive Sh2.5 Million from the Karen Hospital following an infringement of her right to information.
The HIV and Aids Equity Tribunal directed the hospital in Nairobi to compensate the woman for revealing her HIV status to a third party.
The tribunal noted that the woman who had been admitted to the hospital was tested for HIV without her knowledge.
In its ruling, the probe team ordered a penalty of Sh1 Million for the testing and Sh1.5 Million for breaching her right to confidentiality.
“Where a doctor or other medical personnel obliges a patient to give blood for some undisclosed tests, and thereafter proceeds to use the same to test for HIV, then the doctor or medical personnel will have subjected the said patient to compulsory HIV testing and will have committed a crime,” read the tribunal’s judgment.
According to the law, results of an HIV test must be confidential and must only be revealed to the individual tested.
Members of the tribunal that decided on the matter include; Chairman Jotham Arwa, Dr Stella Bosire (Vice-Chairperson), Dr Charles Maringo, Violet Awori, Nelson Otuoma and Professor Mutu wa Gethui.