The HIV and AIDS Tribunal found that the principal breached the minor’s medical privacy and that the resulting stigma contributed to her leaving the institution.
NAIROBI, Kenya – A secondary school in Kajiado County and its principal have been ordered to jointly compensate a former student Sh1.2 million after the institution’s head was found liable for unlawfully disclosing the girl’s HIV status.
The HIV and AIDS Tribunal ruled that the principal breached the minor’s right to medical confidentiality by revealing sensitive information about her health, exposing her to stigma and contributing to her departure from the school.
The student, identified as D.N in the proceedings, had sued the institution, its principal and two teachers, accusing them of sharing her HIV status without her consent.
In her testimony, she said she discovered that teachers knew about her condition when she entered the staffroom after completing a punishment and found them discussing her medical information.
One teacher allegedly asked whether she had taken her antiretroviral drugs (ARVs), leaving her uncomfortable and prompting her to leave the institution.
She subsequently moved in with her sister but encountered difficulties when she attempted to resume her education, claiming the school declined to readmit her.
Principal accused of telling parents about HIV status
The tribunal heard that the principal contacted the student’s parents and informed them about her HIV status.
Her mother testified that the principal initially called to report that the girl had run away from school. During a subsequent conversation, the principal allegedly asked her to collect the student because she was HIV-positive and said she did not want her at the school or anywhere in Kajiado.
The girl’s father also told the tribunal that the principal called him and asked him to take his daughter away because of her medical condition.
Her sister provided further testimony, saying the principal summoned a male student believed to be the girl’s boyfriend and questioned him about whether he knew she was HIV-positive and taking ARVs.
The student was enrolled through a sponsorship arrangement facilitated by a Catholic church.
A representative of the sponsoring organisation, identified as T.M in the proceedings, told the tribunal that the girl had attributed her departure to stigma from teachers and fellow learners.
Principal denies exposing student’s medical condition
The principal denied unlawfully revealing the girl’s HIV status, arguing that the student had voluntarily disclosed the information during an interview conducted by CAMFED, an organisation involved in the sponsorship process.
She said the interview was attended by herself and a class teacher, and that the information had been shared for purposes of assessing the student’s sponsorship.
The principal also described the girl as having disciplinary challenges, claiming she had repeatedly absconded from school.
She maintained that the institution had planned to change the student’s arrangement from boarding to day schooling and denied expelling her, arguing that she did not have the authority to dismiss a learner.
However, the tribunal found that the circumstances surrounding the disclosure were sufficient to establish that the principal had breached the student’s confidentiality.
It noted that the principal had acknowledged receiving complaints that teachers were discussing the girl’s HIV status and had convened a staff meeting to address the matter.
Although she denied personally raising the issue, the class teacher confirmed that she had done so.
The tribunal considered the testimony corroboration that the disclosure had taken place.
It also rejected the argument that the information could be freely shared because it had initially been provided during the CAMFED sponsorship interview.
“A person’s HIV status is a private affair and should not be disclosed to third parties without his/her consent,” the tribunal ruled.
Tribunal awards Sh1.2m in damages
The tribunal found that the evidence did not establish that the student had been formally expelled from the institution.
However, it concluded that the circumstances surrounding her departure supported an inference that she had experienced discrimination arising from the principal’s conduct.
“We find that though discrimination may not have been directly proven, on a balance of probabilities the same could be inferred by the actions of the second respondent (principal),” the tribunal stated.
The award was broken down into three categories:
- Sh500,000 for the unauthorised disclosure of the student’s HIV status.
- Sh300,000 for discrimination.
- Sh400,000 for emotional and psychological suffering.
The total compensation amounts to Sh1.2 million.
The school was held responsible for the principal’s conduct, with both respondents ordered to settle the award jointly and severally, meaning the claimant can enforce the full amount against either or both of them.
They were also directed to pay legal costs and interest.
The tribunal dismissed the claims against the boarding teacher and class teacher after finding insufficient evidence to hold them liable for the alleged disclosure.
What the ruling means for schools
The decision reinforces the legal obligation of educational institutions to protect learners’ confidential medical information.
Under the HIV and AIDS Prevention and Control Act, 2006, a person’s HIV-related information is protected against unauthorised disclosure. The law also prohibits discrimination against learners on the basis of their actual, perceived or suspected HIV status.
The tribunal made clear that sharing medical information with authorised members of a sponsorship committee does not give them unrestricted permission to disclose it to other people.
The ruling also demonstrates that a school may be held accountable for discriminatory treatment even where there is no formal expulsion letter or documented dismissal.
For the student, the award provides compensation for the breach of privacy and the harm the tribunal found she had suffered after her medical condition became a subject of discussion within the school community.
