Kenya Defence Forces (KDF) will pay a recruit Sh1.05 million for dismissing him from the training college in Eldoret over his HIV/Aids status.
The HIV and Aids Tribunal headed by Caroline Mboku ordered the KDF to comply with the ruling within 90 days.
In November 2021, the petitioner who was serving at the National Youth Service (NYS) applied for KDF job.
He went for recruitment exercise at the NYS headquarters. There he went through a KDF enlistment medical examination including HIV screening but he was not offered pre-test or post-test counselling.
He was lucky to be among those from NYS to join the military. On December 25 he reported at the defences training college.
The following day he was subjected to further medical tests, HIV test being one of them.
However, in January 2022 having stayed there for a week he was kicked out of the college.
He told the tribunal he was told about his status in front of the other recruits then he was given Sh1,000 as fare home. This traumatised him.
The Tribunal noted that scientific advancements have been made in treatment with remarkable benefits to those infected with the virus.
It ruled that KDF should not have dismissed the recruit because of his HIV status.
“We find that the Respondent’s act of releasing the Claimant from the Recruit Training School solely based on his HIV status is discriminatory and a violation under Section 31 of the HIV and AIDS Prevention and Control Act,” it ruled.
The total amount KDF was ordered to pay him was broken down as Sh400,000 for to have his consent, then Sh250,000 for not subjecting him to pre-and post-HIV testing counselling and more Sh400,000 for discrimination.
