Najah Primary School in Garissa has been ordered to compensate the mother of a Grade Two student Sh650,000 for  expelling the pupil due to his HIV status.

The HIV and Aids Tribunal ruled that the school acted wrongly for stigmatization and discrimination against the pupil by expelling him from school.

The 12-year-old who joined the school in 2019, was on medication and had been discreetly taking his antiretrovirals (ARVs).

His elder brother in the same school ensured that he timely took his medication.

Nevertheless, the school sent home the child after discovering his HIV status. An action that forced the mother to sought for legal assistance.

According to the mother’s testimony, the school offered her Sh10,000 to withdraw her child. They only sent Sh600.

This made her son becoming depressed and eventually dropped out.

The committee, led by Carolyn Mboku, ruled out that it was unfair and illegal for the school to expel the child.

The panel granted the mother Sh400,000 for discrimination and an additional Sh250,000 for the distress caused by the school.

This has sparked online reaction where people criticize the school for their action and advising for even more severe punishment.

Here are some of the comments by netizens:

_anita.sprinkle: “They should be an example….It’s an innocent kid that wants education but instead they stigmatize.”

nyambekiomoke963: “What does someone’s health problems have to do with the staff, wanfunge tu ju hiyo ni ujinga.” “Minimum should have been a million and all school admin staff fired.”

Najah is not the first school to be charged, Agnes Nyawira won a case against the Catholic Archdiocese of Nyeri after she was sacked in 2022.

She had moved to court claiming she was fired by trustees of the Catholic Archdiocese of Nyeri for being pregnant.

Judge Onesmus Makau of Employment and Labour Relations Court ruled that the trustees made an error by sacking Nyawira without giving reasons for the sacking.

Also Read: Salasya: “I Dropped Out Of School At Class Four For Two Years”


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