Najah Primary School in Garissa County has been ordered by the HIV and AIDS Tribunal to pay Ksh 650,000 to the mother of a 12-year-old boy for stigmatizing and discriminating against him due to his HIV status. The tribunal found that the school acted unlawfully by expelling the child after discovering his HIV status, which he had managed discreetly by taking his medication without the knowledge of other students.
The mother had arranged for her son’s elder brother, who also attended the same school, to ensure he took his antiretroviral medication on time. Despite these precautions, the school expelled the boy and offered the mother a paltry sum to withdraw him, which led to the boy’s depression and subsequent dropout from school. The tribunal awarded the mother Ksh 400,000 for discrimination and an additional Ksh 250,000 for the suffering caused by the school’s actions.