Preacher fined Ksh900,000 for exposing ex-wife's HIV status

A Kenyan pastor has been directed to pay his ex-wife Ksh900,000 in damages after a tribunal found him guilty of breaching her privacy by publicly revealing her HIV-positive status.

The HIV and AIDS Tribunal ruled that the cleric's actions subjected the woman to severe psychological distress and infringed upon her constitutional right to privacy. The total award comprises Ksh500,000 for the unlawful disclosure and an additional Ksh400,000 for the emotional trauma inflicted.

According to the claimant, her ex-husband subjected her to relentless mistreatment after discovering her diagnosis. She told the panel that he repeatedly claimed she would succumb to the illness, cut off financial assistance, and divulged her medical condition to both her employer and neighbours.

Several witnesses corroborated her testimony during the proceedings. A neighbour recounted hearing the preacher frequently screaming in Kikuyu during arguments, telling the community that his wife was living with HIV. Another witness testified that during a 2012 Sunday service, the cleric openly told the congregation that his wife was infected.

A third witness recounted an altercation in which the cleric assaulted the woman and ordered her out of their matrimonial residence, telling her to return to whoever had transmitted the virus to her.

The tribunal also reviewed an official letter from a local chief dated 2011, detailing an incident where the woman was physically assaulted and evicted in front of her brother.

In his defence, the preacher refuted all allegations, arguing that his roles as a spiritual leader and clinical psychologist made such conduct unthinkable. He claimed he had offered unwavering support throughout their marriage and that the couple had attended counselling for two years to work through their differences.

However, the tribunal determined that the testimonies and corroborating documentation established the unlawful disclosure on a balance of probabilities.

Under Section 22(1)(a) of the HIV and AIDS Prevention and Control Act, revealing an individual's HIV test results or medical records without explicit written consent is illegal.

The tribunal underscored that individuals living with HIV still face pervasive social stigma, noting that unauthorised disclosures represent a profound invasion of privacy. A psychiatric evaluation submitted during the hearing confirmed the victim had required psychosocial therapy and had suffered from suicidal thoughts as a consequence of the ordeal.

Alongside the financial penalty, the tribunal issued a permanent restraining order prohibiting the preacher from sharing or discussing his former wife's medical condition with any third parties.

However, the panel dismissed her claim for economic damages, citing insufficient evidence directly linking the preacher's conduct to her job termination.