AAR to pay woman Sh500,000 for HIV test without consent

A medical and insurance services company will pay a woman Sh500,000 as damages for testing her HIV status without her consent.

The HIV/AIDS Tribunal ordered AAR Healthcare Kenya Ltd to pay Sh250,000 for failing to carry out the mandatory pre-test and post-test counselling therapy on the woman and Sh250,000 for conducting a HIV test without the woman’s consent.

The six-member tribunal found that the company violated the rights of the woman who works with the National Environment Management Authourity (Nema), for testing her HIV status without her instruction.

The tribunal chaired found the clinic failed to conduct pre-test and post-test counselling on the patient as required under the HIV and AIDS Prevention and Control Act, 2006 (HAPCA).

In her claim, the woman said she attended a routine wellness check at the healthcare clinic, courtesy of the medical scheme cover provided by her employer.

While undergoing the checks, her blood was drawn and was subjected to various medical tests despite asking not to be subjected the HIV test or a pap smear.

However, she was surprised to receive an email on November 24, 2019 containing results of the various tests conducted, including HIV. It was her testimony that she was in shock and went into panic.

She then queried why her instructions had been ignored, but the inquiry, too, was ignored by the clinic and no response was forthcoming.