Najah Primary School in Garissa County has been mandated to compensate a mother with Sh.650,000 for the stigma and discrimination faced by her 12-year-old son, who is HIV-positive.
The HIV and Aids Tribunal ruled that the expulsion of the Grade Two student due to his HIV status was unjust and unlawful.
The boy, who had been discreetly taking anti-retroviral medication (ARVs) with the help of his older brother, also a student at the school, was sent home after the administration discovered his condition.
The school allegedly offered the mother Sh.10,000 to withdraw her son from the institution.
Testifying in the case, the mother stated that the school only offered Sh.600, and her son stopped attending school due to depression caused by the discrimination.
The school and its administrator, Mohamed Noor, did not respond to the lawsuit.
The tribunal, chaired by Carolyne Mboku, concluded that the school’s actions were discriminatory and violated Section 32 of the Act.
Consequently, they awarded the mother Sh.400,000 for the discrimination and an additional Sh.250,000 for the emotional suffering caused by the school’s actions.
The tribunal highlighted that stigma towards individuals living with HIV can lead to delays in seeking care and that discrimination in healthcare settings discourages people from accessing necessary HIV testing, treatment, and prevention services.
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