- Najah Primary School in Garissa has been ordered to pay KSh 650,000 to the mother of a 12-year-old boy expelled due to his HIV status
- The HIV and Aids Tribunal found the school guilty of stigmatisation and discrimination, violating Section 32 of the HIV and Aids Prevention and Control Act
- The court heard that the mother had made arrangements for the minor’s elder brother who was in the same school to help him take his medication, but that the school opted to expell him on learning about his status
A school has been ordered to pay the mother of a Grade Two pupil KSh 650,000 for stigmatisation and discrimination after expelling her 12-year-old son due to his HIV status.
The HIV and Aids Tribunal found Najah Primary School in Garissa guilty of unfairly dismissing the boy, who was on medication for HIV when he enrolled in 2019.
The boy had discreetly managed his antiretroviral (ARV) medication regimen with the help of his elder brother, who also attended the school.
Despite this, the school administration expelled him upon discovering his HIV status.
The boy’s mother testified that Najah Primary School initially offered her KSh 10,000 to withdraw her son but later only sent KSh 600.
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The mother reported that her son became depressed and eventually dropped out of school due to the stigma.
The Tribunal, led by Carolyne Mboku, noted that Najah Primary School’s actions contravened Section 32 of the HIV and Aids Prevention and Control Act, which prohibits discrimination based on HIV status.
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The Tribunal highlighted the detrimental effects of stigma on individuals living with HIV, noting that such discrimination discourages timely enrollment in care and undermines efforts to provide essential HIV services.
It emphasized that stigma and discrimination are human rights violations that endanger the lives of those living with HIV.
Despite being sued, Najah Primary School and an individual named Mohamed Noor did not respond to the case.
The Tribunal awarded the mother KSh 400,000 for discrimination and an additional KSh 250,000 for the suffering caused by the school’s actions.
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The Tribunal expressed regret over the significant impact of the school’s actions on the boy’s education and well-being, stressing that such discrimination was against the best interests of the minor.
