A woman has been awarded Sh500,000 by a court after a health facility conducted a HIV test without her consent.
According to a local publication, the woman who is a State Corporation employee visited a clinic where she verbally communicated to the medic and wanted a wellness checkup that was paid by her insurance provider. She apparently made it clear that she did not want a HIV test nor a pap smear.
However, days after visiting the clinic, she received an email from the medic detailing her results, including her HIV test results.
The woman opted to protest thus took legal action against the clinic and the insurance provider.
In a ruling by a six-member bench tribunal, the patient’s rights were violated as the tests were conducted against her will.
She was thus awarded Sh500,000 for general damages with a further indication that the money would attract interest should the payment fail to be made on time.
When it comes to job applications and the welfare of employees, there is confidentiality where each employee has a right to have their medical and other relevant information kept private.
Consequently, in Kenya, the Employment Act has outlined minimal standards applicable for conditions of employment.
Under this Act, (Section 5), no employer shall discriminate directly or indirectly against an employee on grounds of HIV status, among others.
Therefore, HIV/AIDS does not constitute a fair reason for dismissal or for the imposition of a disciplinary penalty on an employee.