This Is An Act Of Parliament To Provide Measures For:
The Government is required to carry out education on HIV and AIDS. The Act provides that the Government shall through a comprehensive nationwide educational and information campaign conducted through its various Ministries, Departments, authorities and other agencies promote public awareness about:
of HIV and AIDS.
Section 4 of the Act provides that the Government's educational and information campaign shall—
(a) employ scientifically proven approaches;
(b) focus on the family as the basic social unit;
(c) encourage testing of individuals; and
(d) be carried out in schools and other institutions of learning, all prisons, remand homes and other places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
The Government is also required to collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups infected and affected by HIV and AIDS, including persons with disabilities.
Ministry of Health is required to provide all official information for training purposes.
Section 5 Requires the Government to provide education on HIV and AIDs at learning institutions. It states:
Every County, in collaboration with the Ministry, shall conduct an educational and information campaign on HIV and AIDS within its area of jurisdiction.
These are provided for under Section 11:
No person shall compel another to undergo an HIV test.
No person shall undertake an HIV test in respect of another person except—
Subject to pre and post counseling, a medical practitioner who undertakes an HIV test on a person under this section shall, if the person so requires, disclose the results of the HIV test to that person.
The results of an HIV test shall be confidential and shall only be released—
(i) the guardian of that person;
(ii) a partner of that person;
(iii) a parent of that person; or
(iv) an adult offspring of that person.
(1) Every health institution, whether public or private, and every health management organization or medical insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status.
(2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure the access to essential healthcare services, including the access to essential medicines at affordable prices by persons with HIV or AIDS and those exposed to the risk of HIV infection.
The Cabinet Secretary for Health shall ensure that facilities for HIV testing are made available to persons who—
A person who contravenes the provisions of Section 16 or of any regulations made hereunder commits an offence.
Privacy guidelines (Section 200
The Cabinet Secretary for health may, in regulations, prescribe mandatory privacy guidelines, including the use of an identifying code, relating to
Confidentiality of HIV/AIDS records
No person shall, include any information which directly or indirectly identifies the person to whom an HIV test relates, except in accordance with the prescribed privacy guidelines including,
(a) a request for a HIV test by persons in respect of themselves;
(b) an instruction by a medical practitioner to a laboratory for an HIV test to be conducted;
(c) the laboratory testing for HIV or HIV antibodies; or
(d) the notification to the medical practitioner of the result of the HIV test.
When can a Person’s HIV Status be disclosed? Section 22
Prevention of Transmission of HIV (Section 24)
A person who is and is aware of being carrying the HIV virus or infected with HIV shall—
A medical practitioner who is responsible for the treatment of a person and who becomes aware that the person has not, after reasonable opportunity ,may inform any sexual contact of that person of the HIV status of that person.—
(a) informed their sexual partner of their status; or
(b) made a request for the medical practitioner to reveal status to the sexual partner
A person who knowingly transmits HIV virus commits an offence and shall be liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.
HIV and AIDS Tribunal (Section 25)
There is hereby established a Tribunal to be known as the HIV and AIDS Tribunal which shall consist of members appointed by the Attorney-General as follows—
(a) a chairman who shall be an advocate of the High Court of not less than seven years standing;
(b) two advocates of the High Court of not less than five years standing;
(c) two medical practitioners recognized by the Medical Practitioners and Dentists Board as specialists under the Medical Practitioners and Dentists Act (Cap. 253); and
(d) two persons having such specialized skill or knowledge necessary for the discharge of the functions of the Tribunal. (
At least two of the persons appointed under subsection (a), (b) and (c) above shall be women.
How can an office in the Tribunal be vacant?
(a) at the expiration of three years from the date of a member’s appointment;
(b) if a member ceases by any reason to be such advocate or medical practitioner as required
(c) if a member is removed from membership of the Tribunal by the Attorney General for failure to discharge the functions of his Office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour; and
(d) if a member resigns the office of member of the Tribunal.
The HIV and AIDS Tribunal can: (Section 26)
The Tribunal does not have criminal jurisdiction.
Any interested party may be represented before the Tribunal by an advocate or by any other person whom the Tribunal may, in its discretion, admit to be heard on behalf of the party.
Powers of the HIV and AIDS Tribunal (Section 27)
The Tribunal shall have all the powers of a Chief Magistrates Court to;
All summons, notices or other documents issued under the hand of the Chairman of the Tribunal shall be deemed to be issued by the Tribunal.
What sanctions/orders can the HIV and AIDS Tribunal Make in a Case? Section 27(7)
Disobedience of a summons or request by the Tribunal is an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding two years, or to both.
Tribunal shall on application of an applicant issue a certificate for costs or damages awarded for filing in the High Court.
Such filed certificate shall have same force as a decree of the High Court. (Section 29)
DISCRIMINATION OF PEOPLE INFECTED WITH HIV/AIDS
A person who contravenes any of the provisions on discrimination commits an offence and shall be liable for imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.(Section 38)
A person who undertakes HIV or AIDS related human biomedical research on another person or on any tissue or blood removed from such person must conform to the requirements under the Science and Technology Act (Cap. 250) or any other written law for the time in force.
A person who undertakes HIV or AIDS related human biomedical research on another person or on any tissue or blood removed from such person must —
(a) procure the written informed consent of that other person; or
(b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
The person, whose consent is sought, shall be adequately informed of the aims, methods, anticipated benefits and the potential hazards and discomforts of the research.
The Cabinet Secretary for the time being responsible for matters relating to health may prescribe guidelines under which anonymous testing for HIV may be carried out.
Any anonymous testing conducted shall only be for the purposes of public health.
Under Schedule IV of the Constitution of Kenya 2010, the role of Health has been devolved to the Counties. However the National government still retains the role of Health policy to be followed by the County governments.
In the Act, any function to the Cabinet Secretary of Health is deemed to be the role of the Department of Health in the County Government.
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