Tribunal orders preacher to pay ex-wife Sh900,000 over HIV status disclosure

A preacher who turned his former wife's HIV diagnosis into a source of public humiliation has been ordered to pay her Sh900,000 after a tribunal established that he shared her medical information with other people without her permission.

The HIV and Aids Tribunal ruled that GMM violated the privacy rights of his former wife, identified as LGG, by disclosing her health condition to relatives and members of their community. The man has also been prohibited from making any further disclosures about her HIV status.

In its judgment, the tribunal awarded LGG Sh500,000 for the breach of medical confidentiality and another Sh400,000 for the emotional and psychological harm she suffered.

The woman had moved to the tribunal on May 25, 2026, accusing her former husband of exposing her medical condition without her approval and using it to subject her to discrimination and emotional abuse.

She wanted compensation for the loss of dignity, psychological suffering, discrimination and financial harm, arguing that the revelations had exposed her to stigma and damaged her relationships within the community.

LGG and GMM, who have three children together, ended their marriage in 2016. During the proceedings, she recounted how she had supported her husband financially and emotionally as he pursued his education, taking responsibility for household expenses.

She said their marriage began falling apart after she tested positive for HIV, claiming that GMM responded by telling her that she would not live much longer.

According to her account, he also threatened to deny her money and property because of her condition, stopped providing financial assistance and allegedly interfered with her efforts to maintain employment.

She further accused him of bringing up her HIV status during domestic disagreements as a way of embarrassing and belittling her.

The woman claimed that her former husband had also exposed her medical information during cases at the Nairobi Chief Magistrate's Court involving their divorce and children. She further alleged that he made the disclosure before a congregation during a Methodist Church of Kenya service.

LGG told the tribunal that these incidents left her feeling humiliated and affected her mental health and relationships with other people.

She acknowledged that her HIV status had been disclosed during family and children's court proceedings but admitted that she could not produce the divorce case records to demonstrate what information had been shared.

Her case was supported by three witnesses, including her sister, a neighbour and a church member.

The neighbour testified that she had heard GMM shouting in Kikuyu that LGG was sick and had HIV. She also told the tribunal that the preacher made similar statements to other members of the community.

However, the witness could not identify all those who allegedly heard the remarks or establish the particular dates when the incidents occurred.

Another witness, who was a church member, claimed that she was present during a service when GMM allegedly told the congregation that LGG "is positive and infected with HIV".

The preacher denied exposing his former wife's medical condition, insisting that he had stood by her after learning about her diagnosis.

He described himself as a seasoned preacher and told the tribunal that the couple had attended counselling sessions for two years in an effort to address their marital problems.

GMM maintained that their differences were related to matrimonial issues and were not connected to his former wife's HIV status.

A church official who appeared as a defence witness also disputed the account of the alleged disclosure at the church.

The official said he had neither witnessed nor heard about such an incident and presented a duty schedule indicating that GMM was not the clergy member presiding over the service on the date in question.

LGG's sister also testified about an alleged assault involving the former couple. She told the tribunal that GMM attacked her sister in the presence of their brother.

She further claimed that the preacher had ordered LGG to leave their matrimonial home and go back to the person who had infected her with HIV.

The tribunal found additional support for part of this account in a letter written by a village chief. The document indicated that LGG had reported being forced out of her home and slapped in front of her brother.

After examining the testimonies and documents presented, the tribunal found that some of the alleged disclosures had been established.

However, it dismissed the claim relating to the Methodist Church service, saying the evidence presented was not sufficient to prove that the preacher had revealed her status before the congregation.

It also found that the allegation involving the divorce proceedings could not be determined because the complete court records were missing.

The tribunal explained that a person seeking protection under the law had to demonstrate that confidential HIV-related information had been passed to another individual without their consent.

It cited Section 22(1)(a) of the HIV and Aids Prevention and Control Act, which states: "No person shall disclose any information concerning the result of an HIV test or any related assessments to any other person except with the written consent of that person."

The tribunal also considered LGG's claim that her former husband had interfered with her employment, but found that the evidence did not establish the alleged financial losses.

She had submitted a termination letter from a private school where she had worked. However, the document did not explain why her employment had ended or demonstrate that GMM had played any role in the decision.

On her mental health, the tribunal examined a psychiatrist's letter dated April 24, 2026, which confirmed that she had undergone psychosocial therapy.

The document indicated that she had experienced psychological distress and suicidal thoughts as she struggled with the breakdown of her marriage.

The tribunal accepted that the unlawful disclosure of her HIV status had contributed to her emotional suffering. However, it noted that other challenges, including the separation and disagreements over property, had also affected her mental well-being.

It consequently found GMM liable for violating his former wife's right to confidentiality, awarding her Sh900,000 in compensation and directing him not to disclose her HIV status again.