The Kenya Defence Forces recruit was allegedly summoned by the seniors after a routine morning parade and dismissed unfairly. He was neither served with any specific process nor was he granted the audience to follow due process.

The 23-year-old later found out the dismissal from Recruit Training School in Eldoret,  was based on the grounds of HIV-positive status.

The KDF recruit has now vowed to file a suit against the KDF’s action terming it discriminatory and a violation of human rights.

The recruit had not consented to the testing as it was conducted without his knowledge and approval as required by the constitution.

His lawyer Timothy Wafula asserts that the testing was done unlawfully and illegally and it therefore violates the laws inscribed in the constitution.

Timothy Wafula says besides testing him without his approval,KDF should e held liable for compulsory testing,discrimination and unfair dismissal.

“It is standard practice to establish contact before filing the case, which is what we have done through the demand letter. We have given him all options available as we discuss his issue but we shall for sure be seeking punitive damages for testing him without consent, compulsory testing, discrimination, violation based on the fact that they dismissed him due to his positive HIV status,” Wafula stated.

Lobby groups and civil societies have condemned the move taken by the Kenya Defence Forces labeling it an infringement of the rights of individuals living with HIV.

Civil groups on record include; the Kenya Legal and Ethical Issues Network on HIV and Aids (Kelin), Good Health Community Programmes, M4M PLHIV Network, Nextgen Lawyers, ICJ Kenya, and Pamoja TB Group.

They also cited the HIV and AIDS Prevention and Control Act (HapCa)2007 which prohibits mandatory testing as a pre-requisite for employment.

Essential requirements for HIV testing include:

•Guarantee of confidentiality

•Pre-test and post-test counseling

•Supervision and quality control

•Informed consent

• Follow-up care and assistance for individuals who test positive for HIV