The HIV and AIDS Tribunal ruled on 8 October 2026 that a school and its principal must jointly pay Sh1.2 million in damages to a minor for unlawfully revealing her HIV status and discriminating against her, which forced her to leave the school.
The damages were broken down into Sh500,000 for unlawful disclosure, Sh300,000 for discrimination and Sh400,000 for emotional and psychological suffering.
The tribunal found the principal had disclosed the student’s HIV status to her father and other teachers, breaching the HIV and AIDS Prevention and Control Act.
During testimony, the student recounted walking into a staffroom where teachers discussed her health, including whether she was taking antiretroviral drugs, prompting her to leave the institution.
Her father testified that the principal called him, asking if he knew his daughter was HIV‑positive and instructing him to collect her from school.
The tribunal also heard that the principal summoned a male student, believed to be the minor’s boyfriend, to question whether he knew about her HIV status and ARV use.
While the minor was not formally expelled, the tribunal concluded that the principal’s actions created circumstances that led to her transfer, establishing the school’s vicarious liability.
The judgment includes legal costs, interest and a 30‑day stay on execution, giving the parties time to comply or appeal.
The tribunal dismissed claims against two other teachers, citing insufficient evidence to hold them liable.
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