A primary school in Garissa County is on the spot after being ordered to pay a woman with Ksh.650,000 for stigmatizing and discriminating against her 12-year-old son, who is HIV positive.

The HIV and Aids Tribunal determined that the school was unreasonable in removing the Grade Two student because of his condition.

PHOTO | COURTESY HIV testing kit

The child had been secretly taking anti-retroviral medicine (ARVs) with the help of his older brother, who also attended school. However, when the school administration discovered his HIV status, they sent him home and allegedly gave his mother Ksh.10,000 to remove him from school.

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The mother claims she was only offered Ksh.600, and her son stopped attending school.

PHOTO | COURTESY court hammer

The five-member panel, led by Carolyne Mboku, found that the school's actions were unreasonable and unconstitutional and constituted discrimination against the child in violation of Section 32 of the Act. The panel awarded the mother Ksh.400,000 for discrimination and Ksh.250,000 for the hardship caused by the school.