In Summary:
- Najah Primary School to compensate Ksh.650,000 for expelling HIV-positive student.
- Tribunal ruled expulsion discriminatory and unjust, violating anti-discrimination laws.
The boy, who had been discreetly taking anti-retroviral medicine (ARVs) with the help of his older brother, was sent home after the school discovered his HIV status.
The school administration allegedly gave the boy’s mother Ksh.10,000 to withdraw him from school, but she claimed that only Ksh.600 was given.
Najah Primary School in Garissa County has been ordered to pay Ksh.650,000 in compensation to a mother for stigmatization and discrimination against her 12-year-old son because of his HIV diagnosis.
The HIV and Aids Tribunal ruled that the school’s expulsion of the Grade Two pupil was unjust and discriminatory.
The mother recounted how her son fell into depression due to the discrimination, leading to his cessation of school attendance.
Despite being taken to court, the school and its administrator, Mohamed Noor, did not respond to the allegations.
The tribunal, led by Carolyne Mboku, found the school’s actions illegal and discriminatory under Section 32 of the Act.
They awarded the mother Ksh.400,000 for discrimination and an additional Ksh.250,000 for the suffering caused.
The tribunal stressed that stigma and discrimination against HIV-positive people discourage them from accessing critical care, hindering efforts in HIV testing, treatment, and prevention.