Education

Garissa school ordered to pay Sh650,000 for discriminating against HIV-positive boy

A red ribbon is put on the sleeves of a man by his friend. in this undated file picture, to show support for people living with HIV, to raise awareness about AIDS. (Photo: Navesh Chitrakar/Reuters)

By Vincent Ombati | Wednesday, May 29, 2024

The HIV and AIDS Tribunal of Kenya, chaired by Carolyne Mboku, found the school at fault for expelling the 12-year-old, Grade 2 pupil because of his status.

A tribunal has ordered Najah Primary School in Garissa County to pay a parent Sh650,000 for subjecting her son to discrimination and stigmatisation over his HIV-positive status.

The Judiciary reported this via its X page on May 27, saying the HIV and AIDS Tribunal of Kenya, chaired by Carolyne Mboku, found the school at fault for expelling the 12-year-old, Grade 2 pupil because of his status. Its five members termed the move illegal and wrong.

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Kenya's HIV and AIDS Prevention and Control Act states that anyone who discloses information about another's HIV status commits an offence.

It adds, "No educational institution shall deny admission or expel, discipline, segregate, deny participation in any event or activity, or deny any benefits or services to a person on the grounds only of the person's actual, perceived, or suspected HIV status."

The parent, who enrolled her son in the institution in 2019, had found a way for him to take his antiretroviral drugs (ARVs) undetected, with the help of his elder brother, who attends the same school.

“It is, therefore, our finding that the respondents' demand that the minor be transferred out of the school, upon learning of the minor's HIV status, was indeed to discriminate against the minor, contravening Section 32 of the Act,” ruled the tribunal.

The tribunal heard that the school offered to pay the mother Sh10,000 to move the boy to another learning institution but only sent her Sh600.

A suit followed, against the school and its administrator, Mohamed Noor, but they did not respond.

The parent disclosed in her statement that Najah’s action caused the minor to develop depression and lose interest in going to school.

The tribunal awarded the parent Sh400,000 for discrimination and Sh250,000 as compensation for the suffering the school inflicted on the boy.

Regarding education about HIV and AIDS, the Act states that the ministry responsible for education "shall integrate instruction on the causes, modes of transmission,, and ways of preventing HIV and AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary, secondary, and tertiary levels, including informal, non-formal and indigenous learning systems."

The ministry must also "ensure that every teacher or instructor of an HIV and AIDS prevention and control course is adequately trained and duly qualified."