Why it is unlawful to reveal someone's HIV status without their consent

A Kenyan preacher has been ordered to pay his former wife Sh900,000 after the HIV and AIDS Tribunal established that he disclosed her HIV status to other people without her written consent.

The ruling highlights the legal protection of confidential medical information in Kenya and the rights of people living with HIV to privacy, dignity and protection from discrimination.

The woman, identified as LGG, filed a complaint on May 25, 2026, against her former husband, GMM, accusing him of sharing her medical information with relatives and members of their community during their marriage.

The couple, who have three children together, divorced in 2016. LGG told the tribunal that she had supported her husband while he pursued his education but that their relationship deteriorated after she was diagnosed with HIV.

According to her testimony, her former husband allegedly used her condition to humiliate her during disagreements and threatened to deny her access to money and property. She also accused him of interfering with her employment and of disclosing her HIV status during court proceedings and at a church service.

She presented three witnesses, including a neighbour, a church member and her sister. The neighbour testified that she had heard the preacher disclose the woman's HIV status to other people, while her sister recounted an incident in which he allegedly chased LGG out of their home and slapped her.

GMM denied the allegations, maintaining that he had supported his former wife after learning about her condition. He also said they had attended couples' therapy for two years. A church official who testified on his behalf disputed the allegation that the disclosure had been made during a church service.

After considering the evidence, the tribunal established that some disclosures had occurred but found insufficient evidence to prove the allegations relating to the church service and the divorce proceedings.

LGG was awarded Sh500,000 for unlawful disclosure of her HIV status and Sh400,000 for psychological trauma, bringing the total compensation to Sh900,000. The tribunal also prohibited the preacher from disclosing her HIV status in the future. It rejected her claim for economic loss, noting that the evidence did not establish that her former husband had caused her employment to end.

What the law says

Under Kenya's HIV and AIDS Prevention and Control Act, HIV-related medical information is protected by confidentiality provisions. Disclosing someone's HIV test results or status without their written consent is restricted, except in circumstances specifically permitted by law.

Being someone's spouse, relative, friend, religious leader or employer does not automatically give an individual the right to reveal their HIV status to other people. Unauthorised disclosure can expose affected individuals to stigma, discrimination, humiliation, family rejection and psychological suffering.

Even within marriage, partners are expected to respect each other's medical privacy. Separation, divorce or personal disagreements do not give either party the freedom to expose the other's confidential medical information.

Religious institutions are also expected to respect the privacy and dignity of their members. A person's medical condition should never become a tool for public humiliation, intimidation or discrimination.

Confidentiality is equally important in encouraging people to seek HIV testing, treatment and healthcare services without fearing that their medical information will be exposed.

The tribunal's decision is a reminder that HIV status is private medical information and that unauthorised disclosure can attract legal and financial consequences.