A school principal in Kajiado has been found liable for violating a student's medical privacy after revealing her HIV status, in a case that saw the institution ordered to pay the minor Sh1.2 million for discrimination and the psychological suffering she endured.
The HIV and AIDS Tribunal ruled that the principal's actions amounted to an unlawful disclosure of confidential medical information, which exposed the girl to stigma and contributed to her decision to abandon the school.
The student, referred to as D.N in court documents, had taken the school, its principal and two teachers to the tribunal, accusing them of sharing details of her HIV status with other members of the school community without her approval.
In her account, the violation became apparent when she entered the staffroom after completing a punishment and encountered teachers talking about her medical condition.
She told the tribunal that one teacher asked whether she had taken her antiretroviral drugs (ARVs), an encounter that made her uncomfortable and prompted her to leave the institution.
D.N subsequently went to stay with her sister but encountered further difficulties when she attempted to resume her studies, claiming that the school declined to allow her back.
Her family also gave accounts of conversations with the principal, which formed part of the evidence considered by the tribunal.
Her mother said the principal first telephoned her to report that the student had run away. In a subsequent call, she alleged, the principal asked her to collect the girl because she was HIV-positive, adding that she did not want her at the school or anywhere in Kajiado.
The girl's father similarly told the tribunal that the principal contacted him and asked him to take his daughter away on account of her HIV status.
D.N's sister provided another account of the alleged breach, saying the principal called a male student believed to be the girl's boyfriend and questioned him about whether he knew the girl was HIV-positive and was taking ARVs.
The student had been attending the institution under a sponsorship arrangement facilitated by a Catholic church.
A representative of the sponsoring organisation, identified in the proceedings as T.M, testified that D.N had told her she left school because of the stigma she faced from both teachers and other learners.
The principal, however, disputed the allegations, maintaining that she had not exposed the student's medical condition.
She argued that D.N had disclosed her HIV status 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.
The principal also described the student as having disciplinary challenges, claiming that she had absconded from school several times.
She told the tribunal that the institution had intended to change the girl's arrangement from boarding to day schooling. She further denied expelling her, arguing that she did not have the authority to dismiss a student.
The tribunal, however, found that the evidence against the principal was sufficient to establish that the disclosure had taken place.
In her testimony, the principal had acknowledged receiving complaints that teachers were discussing D.N's HIV status. She said she believed the student's account and responded by convening a staff meeting to address the matter.
Although she denied personally bringing up the girl's HIV status, the class teacher told the tribunal that she had done so.
The tribunal said the evidence provided "corroboration sufficient to meet the criteria" for establishing that the principal had disclosed the student's condition.
It also rejected any suggestion that the information could be freely shared because it had initially been provided during the CAMFED sponsorship interview.
The tribunal noted that the fact that the student's medical details had been made available to a sponsorship committee did not give its members permission to disclose them to other parties.
"A person's HIV status is a private affair and should not be disclosed to third parties without his/her consent," it ruled.
On the question of whether D.N had been formally expelled, the tribunal said the evidence did not establish that such a decision had been made.
Nevertheless, it found that the circumstances surrounding her departure from school supported an inference of 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.
In its final award, the tribunal ordered compensation of Sh500,000 for the unauthorised disclosure of the girl's HIV status.
It awarded another Sh300,000 for discrimination and Sh400,000 for the emotional and psychological harm caused by the incident, bringing the total compensation to Sh1.2 million.
The school was found responsible for the principal's conduct, with the two respondents directed to settle the award jointly and severally.
They were also ordered to pay the legal costs incurred in the case, as well as interest.
The claims against the boarding teacher and class teacher were dismissed after the tribunal found that there was insufficient evidence to hold them liable for discussing or revealing the student's HIV status.
The ruling reinforces the obligation of learning institutions to keep students' medical records and health information confidential. It also makes clear that disclosure of a learner's HIV status during a sponsorship process does not remove the requirement to obtain consent before sharing that information with other people.