The High Court has ordered the Kenya Defence Forces (KDF) to reinstate a recruit who was dismissed after testing positive for HIV and to publish clear guidelines on the handling of such cases in future recruitment processes.
Justice Maureen Onyango ruled that the removal of the recruit from training due to his HIV status was discriminatory and violated his constitutional rights to dignity, equality, and freedom from discrimination.
“The dismissal was not only unreasonable but also a blatant act of discrimination based on health status,” the judge stated.
The court directed KDF to publish a comprehensive policy within 90 days outlining how recruits with HIV are treated during and after the recruitment process.
Additionally, Defence Cabinet Secretary Soipan Tuya and Chief of Defence Forces Major General Charles Kahariri were ordered to appear in court within four months to confirm compliance with the directive.
The petitioner had joined the National Youth Service (NYS) in 2018 and later worked under the “Kazi Mtaani” program. In 2021, he applied for recruitment into the KDF, successfully passed all physical and medical assessments, and received an official admission letter.
He was instructed to report to the KDF Recruits Training School in Eldoret on December 25, 2021. However, after a secondary medical evaluation, he was found to be HIV positive and summarily dismissed on January 2, 2022.
According to court documents, an officer publicly disclosed his status before escorting him out of the training facility.
In his petition, the man claimed emotional distress and reputational damage, arguing that being removed solely on the basis of HIV status was unconstitutional. He sued the Attorney General, the Defence Cabinet Secretary, and the Defence Council for violating his rights.
Justice Onyango emphasized that the Constitution guarantees every Kenyan equal opportunity and dignity, regardless of their health condition.
She called for a shift in the way security forces approach matters related to HIV and employment, urging for more inclusive and rights-based policies within the military.
By Taifa Leo