HIV Aids and the Law in Kenya

In this weeks HFTB, LawAfricas Charles Kanjama looks at various litigation from around the world on issues surrounding HIV/ AIDS. This time, he looks through the LLR database, the Butterworths/ LawAfrica ALL ER CD-Rom and our in-house set of ALL South Africa Law Reports on CD-Rom. He concludes that Matrimonial causes, personal injury claims and breach of confidence are some of the areas where the HIV/AIDS issue is already developing the law.

The Kenyan Task Force on review of legislation dealing with HIV/AIDS has recently come up with a comprehensive piece of proposed legislation tackling the question of AIDS from a statutory perspective. In the United Kingdom, not too many cases dealing directly with HIV/AIDS have been reported. Among the first is X v Y & others [1988] 2 All ER 648. A journalist obtained confidential records of two doctors who had been diagnosed with AIDS in a health authority but still continued their general practice. The doctors went to court to restrain the publication of the confidential information, which was contained in their hospital records.

The defendants published an article titled Scandal of Doctors with AIDS referring to doctors practising despite having AIDS and intending to publish a follow up revealing the confidential information in question.

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