A Kenyan man has been ordered to oay Sh. 850,000 in damages to a complainant over a WhatsApp Group message that he posted.
The message comprised of eleven words. It alleged that one of the members in the group was HIV positive. Following the hearing, the HIV/Aids Tribunal that was being chaired by Carolyne Mboku directed the accused man to pay the money to the complainant who was identified as PMM.
The accused is said to have posted as follows:
“Naskia uko na ukimui, si umeze tu madawa juu ya kujinyonga (I hear you have HIV just take drugs to assist you in committing suicide).”
The complainant said that on July 3, 2022, he was engaged in a political discussion on the WhatsApp group, where he posted a comment that was divergent from the respondent’s view of the likely person to win the Matungu parliamentary seat.
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This comment appeared to have angered the accused man who then went on to state that the man who has posted was HIV positive. The comment was viewed by all members of the WhatsApp group.
The complainant said that he tried to have the man who had posted to stop posting in groups that he was HIV positive. However, the accused was unapologetic and dismissive.
The complainant presented before court a message screenshot he had sent the accused seeking for an apology in vain.
He lamented that his wife had moved from their matrimonial bed and members of their church were looking at him suspiciously and avoiding him even though he was HIV negative.
In making its ruling, the tribunal said that a person’s HIV status is a private affair and should not be disclosed to third parties without his
“HIV status is a private affair whose disclosure can and will cause mental distress and injury to a per- son, hence the need to keep this in- formation confidential,” the tribunal ruled.
