THE HIV TRIBUNAL

The HIV and AIDS Tribunal was established in 2009 through the HIV and AIDS Prevention and Control Act, 2006. The creation of the HIV and AIDS Tribunal in Kenya the first of its kind globally represents a bold step towards promoting laws and policies that advance human rights and fundamental freedoms. The HIV and AIDS Tribunal has the powers to receive evidence, hear witness accounts, conduct full hearings and pass judgments on all matters arising out of any breach of the provisions of the Act but excludes criminal jurisdiction.

The Act specifically outlaws discrimination on account of ones HIV status including discrimination in workplace, schools and educational institution; restriction on in country travels including entry and exit, abode and lodging. It also outlaws isolation and quarantine and denial of employment and related inhibition or exclusion from elective position as well as from accessing credit.

The Act further outlaws mandatory testing and denial of accident, medical and life insurance. Categorically, the Act states that: every health institution whether public or private and every health management organization shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status.