In a significant ruling, a school in Garissa County has been ordered to pay compensation amounting to Sh650,000 to a student whom they forcefully transferred after learning of his HIV status.
Carolyne Mboku, chair of the HIV and AIDS Tribunal, determined that the primary school head discriminated against the student, known as MS, by compelling his parent, JM, to transfer him from the school due to his HIV status.
The case was brought before the Tribunal in 2023 by the claimant, seeking justice for her son after the school allegedly offered a mere Sh10,000 to facilitate the student’s exit from the institution.
The claimant sought damages for the impairment of dignity, as well as emotional, physical, and psychological suffering endured by her son.
The Tribunal concluded that the school’s demand for the student’s transfer upon learning of his HIV status constituted discrimination, a clear violation of Section 32 of the Act.
In the ruling, the Tribunal emphasized that stigma and discrimination against individuals living with HIV undermine their human rights and endanger their lives.
The Tribunal awarded compensation of Sh400,000 for the discrimination based on the student’s HIV status and an additional Sh250,000 for the stigmatization suffered.
Furthermore, the Tribunal ruled in favor of the claimant, highlighting that the school’s actions were against the best interests of the student.
The claimant testified that she had enrolled her son in standard one at the respondent’s school in 2019, and upon disclosing his HIV status to the school management, discrimination began, leading to the school head demanding the student’s transfer.
Despite the respondent’s failure to appear in court, the Tribunal found in favor of the claimant, recognizing the discriminatory and stigmatizing actions of the school.
