Garissa
Tuesday, May 28, 2024
By Felix Mogaka
A court in Garissa has ordered a local school to pay Ksh. 650,000 in compensation for unlawfully expelling a pupil due to their HIV-positive status.
In his ruling, Judge Mohammed Abdullahi condemned the school’s actions, stating that the expulsion was discriminatory and lacked any medical justification.
“The expulsion of a pupil based solely on their HIV status is not only unlawful but also perpetuates harmful stereotypes and stigma,” Judge Abdullahi remarked.
The case was brought to court by the child’s guardian, who argued that the expulsion violated the pupil’s right to education and was based on unfounded fears and prejudice against those living with HIV.
The guardian emphasized that the pupil, whose identity remains protected due to their age, had been receiving regular treatment and posed no health risk to other students or staff.
The court ordered the school to pay Ksh. 650,000 in damages for the emotional distress and educational disruption caused to the pupil.
Additionally, the school must reinstate the pupil and provide a supportive learning environment, ensuring the child is treated with dignity and respect.
The judge highlighted the importance of educating the public and school administrators about HIV/AIDS to prevent such incidents in the future.
Human rights organizations have welcomed the ruling, viewing it as a step forward in protecting the rights of individuals living with HIV/AIDS.
“This judgment sends a clear message that discrimination against people living with HIV will not be tolerated,” said Njeri Mwangi, a representative from the Kenya National Commission on Human Rights. “Schools should be places of inclusion and learning, not discrimination and exclusion.”she added.
The case has sparked a wider conversation about the need for comprehensive HIV/AIDS education in schools to combat stigma and misinformation.
Advocates are calling for increased training for teachers and school administrators on handling such matters sensitively and legally.
As the school prepares to comply with the court’s orders, the community is urged to support the pupil and their family during this time.
The ruling serves as a reminder of the ongoing challenges faced by people living with HIV/AIDS and the importance of upholding their rights to education and equality.
The ruling also marks a significant victory in the fight against stigma and discrimination faced by people living with HIV/AIDS.