Najah Primary School in Garissa County has been ordered to compensate a mother with Ksh.650,000 for stigmatizing and discriminating against her 12-year-old son, who lives with HIV. The HIV and AIDS Tribunal ruled that the school acted unjustly in expelling the Grade Two pupil due to his HIV status.
The boy had been discreetly taking anti-retroviral medication (ARVs) with the help of his elder brother, who also attended the school. However, once the school administration discovered his HIV status, they sent him home and allegedly offered his mother Ksh.10,000 to remove him from the school.
The mother testified that the school only offered Ksh.600, leading to her son’s withdrawal from school due to depression caused by the discrimination. Despite being sued, the school and its administrator, Mohamed Noor, did not respond to the case.
The five-member tribunal, headed by Carolyne Mboku, found that the school’s actions were unjust and illegal, constituting discrimination against the minor, contrary to Section 32 of the HIV and AIDS Prevention and Control Act. The tribunal awarded the mother Ksh.400,000 for discrimination and an additional Ksh.250,000 for the suffering inflicted by the school.
The tribunal emphasized that stigma against individuals living with HIV can lead to delays in seeking care and discourage people from accessing HIV testing, treatment, and prevention services.
