79C3C34C52B45572883A05D425EB0F82
HIV AND AIDS PREVENTION AND CONTROL ACT
http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/HIVandAIDSPreventionandControlAct_No14of2006.pdf
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| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator unlawful:
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p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines.
p.(None): 21. Confidentiality of records.
p.(None): 22. Disclosure of information.
p.(None): 23. Penalty for breach of confidentiality.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal.
p.(None): 27. Powers of the Tribunal.
p.(None):
p.(None):
p.(None): 3 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): Section
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): 29. Enforcement of orders for damages and costs.
p.(None): 30. Rules.
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None): 31. Discrimination in the workplace.
p.(None): 32. Discrimination in schools.
p.(None): 33. Restriction on travel and habitation.
p.(None): 34. Inhibition from public service.
p.(None): 35. Exclusion from credit and insurance services.
p.(None): 36. Discrimination in health institutions.
p.(None): 37. Denial of burial services.
p.(None): 38 Penalty for discriminatory acts and practices.
p.(None): PART IX – RESEARCH
p.(None): 39. Requirements for research.
p.(None): 40. Consent to research.
p.(None): 41. Anonymous testing.
p.(None): 42. Penalty for unlawful research.
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None): 43. General penalty.
p.(None): 44. Cognizable offences.
p.(None): 45. Regulations.
p.(None): 46. Act to supersede other Acts.
p.(None):
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p.(None):
p.(None):
p.(None):
p.(None): [Issue 1] 4
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None):
p.(None): NO. 14 OF 2006
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None): [Date of assent: 30th December, 2006.] [Date of commencement: 30th March 2009, except for
p.(None): sections 14, 18, 22, 24 and 39.]
p.(None): [Date of commencement: 1st December 2010,
p.(None): sections 14, 18, 22 and 24.]
p.(None):
p.(None): An Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the
p.(None): protection and promotion of public health and for the appropriate treatment, counseling, support and care of persons
p.(None): infected or at risk of HIV and AIDS infection, and for connected purposes
p.(None): [L.N. 34/2009, L.N.180/2010, Act No. 6 of 2009.]
p.(None):
p.(None): PART I – PRELIMINARY
...
p.(None): removed from such person unless such research conforms to the requirements under the Science and Technology Act (Cap.
p.(None): 250) or any other written law for the time in force.
p.(None):
p.(None): 40. Consent to research
p.(None): (1) No person shall undertake HIV or AIDS related human biomedical research on another person or on any
p.(None): tissue or blood removed from such person except—
p.(None): (a) with the written informed consent of that other person; or
p.(None): (b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
p.(None): (2) The person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims,
p.(None): methods, anticipated benefits and the potential hazards and discomforts of the research.
p.(None):
p.(None): 41. Anonymous testing
p.(None): (1) Notwithstanding anything to the contrary in this Act, the Minister for the time being responsible for matters
p.(None): relating to health may prescribe guidelines under which anonymous testing for HIV may be carried out.
p.(None): (2) Any anonymous testing conducted pursuant to this section shall only be for the purposes of public health.
p.(None):
p.(None): 42. Penalty for unlawful research
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None):
p.(None): 43. General penalty
p.(None): A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment
p.(None): for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.
p.(None):
p.(None): 44. Cognizable offences
p.(None): All offences under this Act shall be cognizable to the police.
p.(None):
p.(None): 45. Regulations
p.(None): Subject to this Act, the Minister may make regulations—
p.(None): (a) for prescribing anything required by this Act to be prescribed; or
p.(None): (b) generally for the better carrying out of the objects of this Act.
p.(None):
p.(None):
p.(None): 21 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 46. Act to supersede other Acts
p.(None): Where the provisions of this Act or any regulations made hereunder are inconsistent with the provisions of
p.(None): any other written law, the provision of this Act or of such regulations shall prevail.
p.(None):
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Political / Indigenous
Searching for indicator indigenous:
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p.(None): (a) employ scientifically proven approaches;
p.(None): (b) focus on the family as the basic social unit;
p.(None): (c) encourage testing of individuals; and
p.(None): (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other
p.(None): places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
p.(None): (3) In conducting the educational and information campaign referred to in this section, the Government shall
p.(None): collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups
p.(None): infected and affected by HIV and AIDS, including persons with disabilities.
p.(None): 5. HIV and AIDS education in institutions of learning
p.(None): (1) The Ministry responsible for education, utilizing official information provided by the Ministry,
p.(None): shall integrate instruction on the causes, modes of transmission and ways of preventing HIV and
p.(None): AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary,
p.(None): secondary and tertiary levels, including informal, non formal and indigenous learning systems:
p.(None): Provided that—
p.(None): (a) where the integration of HIV and AIDS education is not appropriate or feasible at any level, the Ministry
p.(None): responsible for education shall design modules of HIV and AIDS prevention and control;
p.(None): (b) such integration shall not be used for the sale or distribution of birth control devices;
p.(None): (c) the formulation and adoption of the appropriate course content, scope and methodology at each
p.(None): educational level shall be determined after consultation with the relevant stakeholders.
p.(None): (2) The Ministry responsible for education, in consultation with the Ministry, shall ensure that every teacher or
p.(None): instructor of an HIV and AIDS prevention and control course under this section is adequately trained and duly qualified
p.(None): to teach such course.
p.(None): 6. HIV and AIDS education as a healthcare service
p.(None): (1) HIV and AIDS education and information dissemination shall form part of the delivery of healthcare services by
p.(None): healthcare providers.
p.(None): (2) For the purposes of subsection (1), the Government shall ensure training of healthcare providers on proper
...
Political / criminal
Searching for indicator criminal:
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p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (3) The quorum for a meeting of the Tribunal shall be the chairman and four other members.
p.(None): (4) All matters before the Tribunal shall be decided by the votes of a majority of the members present.
p.(None): (5) There shall be paid to the members of the Tribunal such remuneration and allowances as the Minister may
p.(None): in consultation with the Treasury determine.
p.(None): (6) The Office of a member of the Tribunal shall become vacant—
p.(None): (a) at the expiration of three years from the date of his appointment;
p.(None): (b) if he ceases by any reason to be such advocate or medical practitioner as referred to in subsection
p.(None): (1);
p.(None): (c) if he is removed from membership of the Tribunal by the Attorney- General for failure to discharge the
p.(None): functions of his Office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour;
p.(None): and
p.(None): (d) if he resigns the office of member of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal
p.(None): (1) The Tribunal shall have jurisdiction—
p.(None): (a) to hear and determine complaints arising out of any breach of the provisions of this Act;
p.(None): (b) to hear and determine any matter or appeal as may be made to it pursuant to the provisions of this Act; and
p.(None): (c) to perform such other functions as may be conferred upon it by this Act or by any other written law being in
p.(None): force.
p.(None): (2) The jurisdiction conferred upon the Tribunal under subsection (1) excludes criminal jurisdiction.
p.(None):
p.(None): 27. Powers of the Tribunal
p.(None): (1) On the hearing of a complaint or an appeal made pursuant to section 26, the Tribunal shall have all the powers of
p.(None): a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call for
p.(None): the production of books and other documents.
p.(None): (2) Where the Tribunal considers it desirable for the purpose of minimizing expense or avoiding delay or
p.(None): for any other special reason, it may receive evidence by affidavit and administer interrogatories and
p.(None): require the person to whom the interrogatories are administered to make a full and true reply to the
p.(None): interrogatories within the time specified by the Tribunal.
p.(None): (3) In its determination of any matter the Tribunal may take into consideration any evidence which it considers
p.(None): relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be
p.(None): admissible under the Evidence Act (Cap. 80).
p.(None): (4) The Tribunal shall have power to summon expert evidence as may be necessary for the discharge of its
p.(None): functions under this Act.
p.(None):
p.(None):
p.(None): 17 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (5) The Tribunal shall have power to award the costs of any proceedings before it and to direct that
p.(None): costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific
p.(None): sum as costs.
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Political / political affiliation
Searching for indicator party:
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p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (5) The Tribunal shall have power to award the costs of any proceedings before it and to direct that
p.(None): costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific
p.(None): sum as costs.
p.(None): (6) All summons, notices or other documents issued under the hand of the chairman of the Tribunal shall be deemed to
p.(None): be issued by the Tribunal.
p.(None): (7) Upon any complaint or appeal being made to the Tribunal under this Act, the Tribunal may—
p.(None): (a) confirm, set aside or vary the order or decision in question;
p.(None): (b) make such other order as may be appropriate in the circumstances;
p.(None): (c) without prejudice to the generality of paragraph (b), make an order—
p.(None): (i) for the payment of damages in respect of any proven financial loss, including future loss, or in respect
p.(None): of impairment of dignity, pain and suffering or emotional and psychological suffering as a result of the
p.(None): discrimination in question;
p.(None): (ii) directing that specific steps be taken to stop the discriminatory practice;
p.(None): (iii) for the maintenance of the status quo of any matter or activity which is the subject of the complaint
p.(None): or appeal until the complaint or appeal is determined;
p.(None): (iv) requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of
p.(None): the Tribunal’s order.
p.(None): (8) Any interested party may be represented before the Tribunal by an advocate or by any other person whom
p.(None): the Tribunal may, in its discretion, admit to be heard on behalf of the party.
p.(None):
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of
p.(None): account, statements, or other documents or required to answer interrogatories and who, without sufficient cause—
p.(None): (a) refuses or fails to attend at the time and place mentioned in the summons served on him;
p.(None): (b) refuses or fails to answer, or to answer fully and satisfactorily, to the best of his knowledge and belief all
p.(None): questions lawfully put to him by or with the concurrence of the Tribunal; or
p.(None): (c) refuses or fails to produce any records, books of account, statements or other documents
p.(None): which are in his possession or under his control mentioned or referred to in any summons served on him,
p.(None): commits an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to
p.(None): imprisonment for a term not exceeding two years, or to both.
p.(None):
p.(None):
p.(None): [Issue 1] 18
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 29. Enforcement of orders for damages and costs
p.(None): (1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person
p.(None): in whose favour the damages or costs are awarded, issue to him a certificate stating the amount of the damages
p.(None): or costs.
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Health / Cadavers
Searching for indicator cadavers:
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p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
p.(None): (3) Notwithstanding the provisions of subsections (1) and (2), the proposed recipient of donated tissue or his
p.(None): immediate relatives shall have the right to demand a second HIV test on such tissue before a transplant or other
p.(None): use of the tissue and such test shall, except in the case of emergencies, be carried out.
p.(None): 10. Testing of donated blood
p.(None): (1) All donated blood shall, as soon as reasonably practicable after donation, be subjected to an HIV test.
p.(None): (2) Any blood tested under subsection (1) which is found to be HIV positive shall be disposed of in accordance with
p.(None): the prescribed guidelines on the disposal of medical waste as soon as reasonably practicable after such result is
p.(None): obtained.
p.(None): 11. Guidelines on surgical and similar procedures
p.(None): (1) The Minister shall, in consultation with registered professional associations of healthcare
p.(None): providers, prescribe guidelines on—
p.(None): (a) precautions against HIV transmission during surgical, dental, delivery, embalming and similar
p.(None): procedures; and
p.(None): (b) the handling and disposal of cadavers, body fluids or wastes of persons with HIV.
p.(None):
p.(None):
p.(None): [Issue 1] 10
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The Minister shall, at all times, ensure the provision of protective equipment such as
p.(None): gloves, goggles and gowns to all healthcare providers and other personnel exposed to the risk of HIV infection.
p.(None): (3) The Minister shall, at all times, ensure the provision of post exposure prophylaxis to healthcare
p.(None): providers and other personnel exposed to the risk of HIV infection.
p.(None): (4) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None):
p.(None): 12. Penalty for unsafe practices or procedures
p.(None): (1) A person who, in the course of his professional practice, knowingly or negligently causes another to be
p.(None): infected with HIV through unsafe or unsanitary practices or procedures contrary to the provisions of this
p.(None): Part, or of any guidelines prescribed hereunder, commits an offence.
p.(None): (2) Notwithstanding the provisions of any other written law for the time being in force, a court may, in addition to
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Health / Cognitive Impairment
Searching for indicator impairment:
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p.(None): interrogatories within the time specified by the Tribunal.
p.(None): (3) In its determination of any matter the Tribunal may take into consideration any evidence which it considers
p.(None): relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be
p.(None): admissible under the Evidence Act (Cap. 80).
p.(None): (4) The Tribunal shall have power to summon expert evidence as may be necessary for the discharge of its
p.(None): functions under this Act.
p.(None):
p.(None):
p.(None): 17 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (5) The Tribunal shall have power to award the costs of any proceedings before it and to direct that
p.(None): costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific
p.(None): sum as costs.
p.(None): (6) All summons, notices or other documents issued under the hand of the chairman of the Tribunal shall be deemed to
p.(None): be issued by the Tribunal.
p.(None): (7) Upon any complaint or appeal being made to the Tribunal under this Act, the Tribunal may—
p.(None): (a) confirm, set aside or vary the order or decision in question;
p.(None): (b) make such other order as may be appropriate in the circumstances;
p.(None): (c) without prejudice to the generality of paragraph (b), make an order—
p.(None): (i) for the payment of damages in respect of any proven financial loss, including future loss, or in respect
p.(None): of impairment of dignity, pain and suffering or emotional and psychological suffering as a result of the
p.(None): discrimination in question;
p.(None): (ii) directing that specific steps be taken to stop the discriminatory practice;
p.(None): (iii) for the maintenance of the status quo of any matter or activity which is the subject of the complaint
p.(None): or appeal until the complaint or appeal is determined;
p.(None): (iv) requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of
p.(None): the Tribunal’s order.
p.(None): (8) Any interested party may be represented before the Tribunal by an advocate or by any other person whom
p.(None): the Tribunal may, in its discretion, admit to be heard on behalf of the party.
p.(None):
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of
p.(None): account, statements, or other documents or required to answer interrogatories and who, without sufficient cause—
p.(None): (a) refuses or fails to attend at the time and place mentioned in the summons served on him;
p.(None): (b) refuses or fails to answer, or to answer fully and satisfactorily, to the best of his knowledge and belief all
p.(None): questions lawfully put to him by or with the concurrence of the Tribunal; or
p.(None): (c) refuses or fails to produce any records, books of account, statements or other documents
p.(None): which are in his possession or under his control mentioned or referred to in any summons served on him,
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Health / Drug Usage
Searching for indicator drug:
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p.(None): may be rendered, including home- based nursing and midwifery services by duly qualified registered and
p.(None): experienced nurses and midwives;
p.(None):
p.(None):
p.(None): [Issue 1] 6
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (i) the supply of accommodation in any institution established or registered in terms of any
p.(None): law as a health institution or any other institution or place where surgical or other medical procedures are
p.(None): performed, provided that such accommodation is necessitated by any physical or mental defect, illness,
p.(None): deficiency or a pregnancy;
p.(None): (j) the provision of pre-test or post-test counseling services;
p.(None): “HIV test” means a prescribed tests or series of tests which determines whether a person is infected with HIV;
p.(None): “human biomedical research” means—
p.(None): (a) any research that involves direct interference or interaction with the physical body of a human subject and
p.(None): that involves a concomitant risk of physical injury or harm however remote;
p.(None): (b) any research programme that involves the administration of any drug on a human subject whether it is
p.(None): for the purpose of testing the effects or efficacy of the drug, or whether as a means for
p.(None): establishing any other objective of the research programme;
p.(None): (c) any research that involves the trial or use of a medical device on a human subject;
p.(None): (d) any research that involves carrying out a test on a human subject’s physiological, emotional or mental
p.(None): responses, such test not being conducted for diagnostic purposes with a view to the therapeutic management
p.(None): of the human subject;
p.(None): (e) any research involving human tissue, or medical, personal or genetic information relating
p.(None): to both identifiable and anonymous human subjects for the purpose of generating data about medical, genetic or
p.(None): biological processes, diseases or conditions in human subjects;
p.(None): “Human Immunodeficiency Virus (HIV)” means the virus which causes AIDS;
p.(None): “medical insurance provider” has the meaning assigned to it in section 2 of the Insurance Act (Cap. 487);
p.(None): “medical practitioner” includes a dentist;
p.(None): “Minister” means the Minister for the time being responsible for matters relating to HIV and AIDS and “Ministry” shall
p.(None): be construed accordingly;
p.(None): “partner” means a spouse or a person with whom another person is living in a domestic and sexual relationship;
p.(None): “person with HIV and AIDS” means a person whose HIV test indicates, directly or indirectly, that he is infected with
p.(None): HIV and AIDS;
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Searching for indicator substance:
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p.(None): after probable exposure to HIV, for the purpose of preventing transmission;
p.(None):
p.(None):
p.(None): 7 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “post-test counselling” refers to the process of providing a person who submitted themselves for an HIV test with
p.(None): risk-reduction information and emotional support at the time the test result is released;
p.(None): “pre-test counselling” means the process of providing a person, before such person undergoes an HIV test, with
p.(None): information on the biomedical aspects of HIV and AIDS and emotional support with respect to
p.(None): the psychological implications of undergoing an HIV test;
p.(None): “self testing” in relation to HIV infection, means a prescribed test or series of tests carried out entirely
p.(None): by a person on self without the involvement of another person, which determine whether a person is infected with HIV;
p.(None): “testing centre” means a testing centre approved by the Minister under section 16;
p.(None): “tissue” includes an organ or part of a human body, semen, breast milk and any other substance or secretion,
p.(None): other than blood, extracted from the human body or from a part of the human body;
p.(None): “Tribunal” means the HIV and AIDS Tribunal established by section 25.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 3. Object and purpose of Act
p.(None): The object and purpose of this Act is to—
p.(None): (a) promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS;
p.(None): (b) extend to every person suspected or known to be infected with HIV and AIDS full protection of his human rights
p.(None): and civil liberties by—
p.(None): (i) prohibiting compulsory HIV testing save as provided in this Act;
p.(None): (ii) guaranteeing the right to privacy of the individual;
p.(None): (iii) outlawing discrimination in all its forms and subtleties against persons with or persons perceived or
p.(None): suspected of having HIV and AIDS;
p.(None): (iv) ensuring the provision of basic healthcare and social services for persons infected with HIV and AIDS;
p.(None): (c) promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV
p.(None): transmission; and
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Health / HIV/AIDS
Searching for indicator HIV:
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p.(None):
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p.(None):
p.(None):
p.(None): LAWS OF KENYA
p.(None):
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p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None):
p.(None): No. 14 of 2006
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p.(None): Revised Edition 2012 [2006]
p.(None): Published by the National Council for Law Reporting with the Authority of the Attorney-General
p.(None): www.kenyalaw.org
p.(None):
p.(None):
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None):
p.(None): NO. 14 OF 2006
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
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p.(None): Section
p.(None): 1. Short title.
p.(None): 2. Interpretation.
p.(None): ARRANGEMENT OF SECTIONS PART I – PRELIMINARY
p.(None): 3. Object and purpose of Act.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information.
p.(None): 5. HIV and AIDS education in institutions of learning.
p.(None): 6. HIV and AIDS education as a healthcare service.
p.(None): 7. HIV and AIDS education in the workplace.
p.(None): 8. HIV and AIDS information in communities.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue.
p.(None): 10. Testing of donated blood.
p.(None): 11. Guidelines on surgical and similar procedures.
p.(None): 12. Penalty for unsafe practices or procedures.
p.(None): PART IV – TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
p.(None): 13. Prohibition against compulsory testing.
p.(None): 14. Consent to HIV testing.
p.(None): 15. Provision of testing facilities.
p.(None): 16. Testing centres.
p.(None): 17. Pre-test and post-test counselling.
p.(None): 18. Results of HIV test.
p.(None): 19. Access to healthcare services.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines.
p.(None): 21. Confidentiality of records.
p.(None): 22. Disclosure of information.
p.(None): 23. Penalty for breach of confidentiality.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal.
p.(None): 27. Powers of the Tribunal.
p.(None):
p.(None):
p.(None): 3 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): Section
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): 29. Enforcement of orders for damages and costs.
p.(None): 30. Rules.
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None): 31. Discrimination in the workplace.
p.(None): 32. Discrimination in schools.
p.(None): 33. Restriction on travel and habitation.
p.(None): 34. Inhibition from public service.
p.(None): 35. Exclusion from credit and insurance services.
p.(None): 36. Discrimination in health institutions.
p.(None): 37. Denial of burial services.
p.(None): 38 Penalty for discriminatory acts and practices.
p.(None): PART IX – RESEARCH
p.(None): 39. Requirements for research.
p.(None): 40. Consent to research.
p.(None): 41. Anonymous testing.
p.(None): 42. Penalty for unlawful research.
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None): 43. General penalty.
p.(None): 44. Cognizable offences.
p.(None): 45. Regulations.
p.(None): 46. Act to supersede other Acts.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): [Issue 1] 4
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None):
p.(None): NO. 14 OF 2006
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None): [Date of assent: 30th December, 2006.] [Date of commencement: 30th March 2009, except for
p.(None): sections 14, 18, 22, 24 and 39.]
p.(None): [Date of commencement: 1st December 2010,
p.(None): sections 14, 18, 22 and 24.]
p.(None):
p.(None): An Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the
p.(None): protection and promotion of public health and for the appropriate treatment, counseling, support and care of persons
p.(None): infected or at risk of HIV and AIDS infection, and for connected purposes
p.(None): [L.N. 34/2009, L.N.180/2010, Act No. 6 of 2009.]
p.(None):
p.(None): PART I – PRELIMINARY
p.(None): 1. Short title and commencement
p.(None): This Act may be cited as the HIV and AIDS Prevention and Control Act, 2006.
p.(None): 2. Interpretation
p.(None): In this Act, unless the context otherwise requires—
p.(None): “Acquired Immune Deficiency Syndrome (AIDS)” means a condition characterized by a combination of signs and
p.(None): symptoms, resulting from depletion of the immune system caused by infection with the Human
p.(None): Immunodeficiency Virus (HIV);
p.(None): “anonymous testing” means an HIV testing procedure whereby the person being tested does not reveal his true
p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
p.(None): (b) a pharmacist or a pharmaceutical technologist registered or enrolled under the Pharmacy and Poisons Act (Cap.
p.(None): 244);
p.(None): (c) a nurse registered and licensed under the Nurses Act (Cap. 257);
p.(None): (d) a clinical officer registered and licensed under the Clinical Officers (Training, Registration and Licensing)
p.(None): Act (Cap. 260);
p.(None): (e) a laboratory technician or technologist registered and licensed under the Medical Laboratory Technicians
p.(None): and Technologist Act, 1999 (No. 10 of 1999);
...
p.(None): responsible for matters relating to health,
p.(None): and includes any other person approved by the Minister under section 16;
p.(None): “healthcare service” rendered to a person means—
p.(None): (a) the physical or mental examination of that person;
p.(None): (b) the treatment or prevention of any physical or mental defect, illness or deficiency and the giving of
p.(None): advice in relation to that defect, illness or deficiency;
p.(None): (c) the performing of any surgical or other invasive procedure;
p.(None): (d) the giving of advice in relation to or treatment of any condition arising out of a pregnancy;
p.(None): (e) the prescribing, dispensing, supplying or applying of any medicine, appliance or apparatus in relation to any
p.(None): defect, illness, deficiency or pregnancy;
p.(None): (f) X-ray, laboratory and other investigative and diagnostic procedures;
p.(None): (g) physiotherapy, speech therapy, occupational therapy and other types and variations of similar
p.(None): rehabilitative treatment;
p.(None): (h) nursing or midwifery in health institutions and other places where nursing and midwifery services
p.(None): may be rendered, including home- based nursing and midwifery services by duly qualified registered and
p.(None): experienced nurses and midwives;
p.(None):
p.(None):
p.(None): [Issue 1] 6
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (i) the supply of accommodation in any institution established or registered in terms of any
p.(None): law as a health institution or any other institution or place where surgical or other medical procedures are
p.(None): performed, provided that such accommodation is necessitated by any physical or mental defect, illness,
p.(None): deficiency or a pregnancy;
p.(None): (j) the provision of pre-test or post-test counseling services;
p.(None): “HIV test” means a prescribed tests or series of tests which determines whether a person is infected with HIV;
p.(None): “human biomedical research” means—
p.(None): (a) any research that involves direct interference or interaction with the physical body of a human subject and
p.(None): that involves a concomitant risk of physical injury or harm however remote;
p.(None): (b) any research programme that involves the administration of any drug on a human subject whether it is
p.(None): for the purpose of testing the effects or efficacy of the drug, or whether as a means for
p.(None): establishing any other objective of the research programme;
p.(None): (c) any research that involves the trial or use of a medical device on a human subject;
p.(None): (d) any research that involves carrying out a test on a human subject’s physiological, emotional or mental
p.(None): responses, such test not being conducted for diagnostic purposes with a view to the therapeutic management
p.(None): of the human subject;
p.(None): (e) any research involving human tissue, or medical, personal or genetic information relating
p.(None): to both identifiable and anonymous human subjects for the purpose of generating data about medical, genetic or
p.(None): biological processes, diseases or conditions in human subjects;
p.(None): “Human Immunodeficiency Virus (HIV)” means the virus which causes AIDS;
p.(None): “medical insurance provider” has the meaning assigned to it in section 2 of the Insurance Act (Cap. 487);
p.(None): “medical practitioner” includes a dentist;
p.(None): “Minister” means the Minister for the time being responsible for matters relating to HIV and AIDS and “Ministry” shall
p.(None): be construed accordingly;
p.(None): “partner” means a spouse or a person with whom another person is living in a domestic and sexual relationship;
p.(None): “person with HIV and AIDS” means a person whose HIV test indicates, directly or indirectly, that he is infected with
p.(None): HIV and AIDS;
p.(None): “positive”, in relation to the result of an HIV test, means a result which shows that the person who is tested
p.(None): is infected with HIV or which shows evidence of such infection;
p.(None): “post exposure prophylaxis” means the administration of one or a combination of anti-retroviral drugs
p.(None): after probable exposure to HIV, for the purpose of preventing transmission;
p.(None):
p.(None):
p.(None): 7 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “post-test counselling” refers to the process of providing a person who submitted themselves for an HIV test with
p.(None): risk-reduction information and emotional support at the time the test result is released;
p.(None): “pre-test counselling” means the process of providing a person, before such person undergoes an HIV test, with
p.(None): information on the biomedical aspects of HIV and AIDS and emotional support with respect to
p.(None): the psychological implications of undergoing an HIV test;
p.(None): “self testing” in relation to HIV infection, means a prescribed test or series of tests carried out entirely
p.(None): by a person on self without the involvement of another person, which determine whether a person is infected with HIV;
p.(None): “testing centre” means a testing centre approved by the Minister under section 16;
p.(None): “tissue” includes an organ or part of a human body, semen, breast milk and any other substance or secretion,
p.(None): other than blood, extracted from the human body or from a part of the human body;
p.(None): “Tribunal” means the HIV and AIDS Tribunal established by section 25.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 3. Object and purpose of Act
p.(None): The object and purpose of this Act is to—
p.(None): (a) promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS;
p.(None): (b) extend to every person suspected or known to be infected with HIV and AIDS full protection of his human rights
p.(None): and civil liberties by—
p.(None): (i) prohibiting compulsory HIV testing save as provided in this Act;
p.(None): (ii) guaranteeing the right to privacy of the individual;
p.(None): (iii) outlawing discrimination in all its forms and subtleties against persons with or persons perceived or
p.(None): suspected of having HIV and AIDS;
p.(None): (iv) ensuring the provision of basic healthcare and social services for persons infected with HIV and AIDS;
p.(None): (c) promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV
p.(None): transmission; and
p.(None): (d) positively address and seek to eradicate conditions that aggravate the spread of HIV infection.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information
p.(None): (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information
p.(None): campaign conducted by the Government through its various Ministries, Departments, authorities and other
p.(None): agencies.
p.(None):
p.(None):
p.(None): [Issue 1] 8
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The educational and information campaign referred to in subsection (1) shall—
p.(None): (a) employ scientifically proven approaches;
p.(None): (b) focus on the family as the basic social unit;
p.(None): (c) encourage testing of individuals; and
p.(None): (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other
p.(None): places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
p.(None): (3) In conducting the educational and information campaign referred to in this section, the Government shall
p.(None): collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups
p.(None): infected and affected by HIV and AIDS, including persons with disabilities.
p.(None): 5. HIV and AIDS education in institutions of learning
p.(None): (1) The Ministry responsible for education, utilizing official information provided by the Ministry,
p.(None): shall integrate instruction on the causes, modes of transmission and ways of preventing HIV and
p.(None): AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary,
p.(None): secondary and tertiary levels, including informal, non formal and indigenous learning systems:
p.(None): Provided that—
p.(None): (a) where the integration of HIV and AIDS education is not appropriate or feasible at any level, the Ministry
p.(None): responsible for education shall design modules of HIV and AIDS prevention and control;
p.(None): (b) such integration shall not be used for the sale or distribution of birth control devices;
p.(None): (c) the formulation and adoption of the appropriate course content, scope and methodology at each
p.(None): educational level shall be determined after consultation with the relevant stakeholders.
p.(None): (2) The Ministry responsible for education, in consultation with the Ministry, shall ensure that every teacher or
p.(None): instructor of an HIV and AIDS prevention and control course under this section is adequately trained and duly qualified
p.(None): to teach such course.
p.(None): 6. HIV and AIDS education as a healthcare service
p.(None): (1) HIV and AIDS education and information dissemination shall form part of the delivery of healthcare services by
p.(None): healthcare providers.
p.(None): (2) For the purposes of subsection (1), the Government shall ensure training of healthcare providers on proper
p.(None): information dissemination and education on HIV and AIDS, including post-exposure prophylaxis for
p.(None): prevention of transmission.
p.(None): (3) The training of healthcare providers under this section shall include education on HIV-related ethical
p.(None): issues such as confidentiality, informed consent and the duty to provide treatment.
p.(None):
p.(None):
p.(None): 9 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (4) The Minister for the time being responsible for matters relating to health shall, in collaboration with
p.(None): relevant stakeholders, provide guidelines for post exposure prophylaxis.
p.(None): 7. HIV and AIDS education in the workplace
p.(None): (1) The Government shall ensure the provision of basic information and instruction on HIV and AIDS prevention
p.(None): and control to—
p.(None): (a) employees of all Government Ministries, Departments, authorities and other agencies; and
p.(None): (b) employees of private and informal sectors.
p.(None): (2) The information provided under this section shall cover issues such as confidentiality in the
p.(None): work-place and attitudes towards infected employees and workers.
p.(None): 8. HIV and AIDS information in communities
p.(None): Every Local Authority, in collaboration with the Ministry, shall conduct an educational and information
p.(None): campaign on HIV and AIDS within its area of jurisdiction.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue
p.(None): (1) A person who offers to donate any tissue shall, immediately before such donation, undergo an HIV test.
p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
p.(None): (3) Notwithstanding the provisions of subsections (1) and (2), the proposed recipient of donated tissue or his
p.(None): immediate relatives shall have the right to demand a second HIV test on such tissue before a transplant or other
p.(None): use of the tissue and such test shall, except in the case of emergencies, be carried out.
p.(None): 10. Testing of donated blood
p.(None): (1) All donated blood shall, as soon as reasonably practicable after donation, be subjected to an HIV test.
p.(None): (2) Any blood tested under subsection (1) which is found to be HIV positive shall be disposed of in accordance with
p.(None): the prescribed guidelines on the disposal of medical waste as soon as reasonably practicable after such result is
p.(None): obtained.
p.(None): 11. Guidelines on surgical and similar procedures
p.(None): (1) The Minister shall, in consultation with registered professional associations of healthcare
p.(None): providers, prescribe guidelines on—
p.(None): (a) precautions against HIV transmission during surgical, dental, delivery, embalming and similar
p.(None): procedures; and
p.(None): (b) the handling and disposal of cadavers, body fluids or wastes of persons with HIV.
p.(None):
p.(None):
p.(None): [Issue 1] 10
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The Minister shall, at all times, ensure the provision of protective equipment such as
p.(None): gloves, goggles and gowns to all healthcare providers and other personnel exposed to the risk of HIV infection.
p.(None): (3) The Minister shall, at all times, ensure the provision of post exposure prophylaxis to healthcare
p.(None): providers and other personnel exposed to the risk of HIV infection.
p.(None): (4) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None):
p.(None): 12. Penalty for unsafe practices or procedures
p.(None): (1) A person who, in the course of his professional practice, knowingly or negligently causes another to be
p.(None): infected with HIV through unsafe or unsanitary practices or procedures contrary to the provisions of this
p.(None): Part, or of any guidelines prescribed hereunder, commits an offence.
p.(None): (2) Notwithstanding the provisions of any other written law for the time being in force, a court may, in addition to
p.(None): any penalty imposed on a person convicted under subsection (1)—
p.(None): (a) in the case of an institution, order the revocation of any business permit or licence in respect
p.(None): thereof; or
p.(None): (b) in the case of a natural person, order the revocation of licence to practice such person’s
p.(None): profession.
p.(None):
p.(None): PART IV –TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
p.(None):
p.(None): 13. Prohibition against compulsory testing
p.(None): (1) Subject to this Act, no person shall compel another to undergo an HIV test.
p.(None): (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV
p.(None): test as a precondition to, or for the continued enjoyment of—
p.(None): (a) employment;
p.(None): (b) marriage;
p.(None): (c) admission into any educational institution;
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
p.(None): (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under
p.(None): section 9;
p.(None): (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in
p.(None): respect of such blood under section 10;
p.(None): (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test in respect of that
p.(None): person without the consent of the person if—
p.(None): (i) the person is unconscious and unable to give consent; and
p.(None): (ii) the medical practitioner reasonably believes that such a test is clinically necessary or desirable in the
p.(None): interest of that person.
p.(None): (3) Subject to section 17, a medical practitioner who undertakes an HIV test on a person under this section
p.(None): shall, if the person so requires, disclose the results of the HIV test to that person.
p.(None): (4) A person who contravenes the provisions of this section commits an offence.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 15. Provision of testing facilities
p.(None): The Minister shall ensure that facilities for HIV testing are made available to persons who—
p.(None): (a) voluntarily request an HIV test in respect of themselves; or
p.(None):
p.(None):
p.(None): [Issue 1] 12
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) are required under the provisions of this Act or any other written law to undergo an HIV test.
p.(None): 16. Testing centres
p.(None): (1) No person shall carry out an HIV test except in a testing centre approved by the Minister under this section or in
p.(None): the manner specified under paragraph (d) of subsection (4).
p.(None): (2) No person shall carry out an HIV test unless such person is a healthcare provider approved by the Minister for
p.(None): that purpose.
p.(None): (3) No person shall provide pre-test or post-test counselling for the purposes of section 17 unless such person is
p.(None): approved by the Minister under this section.
p.(None): (4) The Minister shall, in regulations, prescribe—
p.(None): (a) the standards and the procedure for the approval of testing centres for the purposes of this Act;
p.(None): (b) the standards and the procedure for the approval of healthcare providers for the purposes of
p.(None): subsection (2);
p.(None): (c) guidelines for the provision of pre-test and post-test counselling services at such centres, including
p.(None): the standards and the procedure for approval of persons qualified to provide such services; and
p.(None): (d) guidelines for self testing.
p.(None): (5) A person who contravenes the provisions of this section or of any regulations made hereunder commits an
p.(None): offence.
p.(None): (6) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None): 17. Pre-test and post-test counselling
p.(None): (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any
p.(None): other person likely to be affected by the results of such test.
p.(None): (2) The Ministry responsible for matters relating to Health shall enhance the capacities of testing centres by
p.(None): ensuring the training of competent personnel to provide the services required by this Act to be provided at such
p.(None): centres.
p.(None): 18. Results of HIV test
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
p.(None): persons with HIV or AIDS and those exposed to the risk of HIV infection.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines
p.(None): (1) The Minister for the time being responsible for matters relating to health may, in regulations, prescribe
p.(None): privacy guidelines, including the use of an identifying code, relating to the recording, collecting,
p.(None): storing and security of information, records or forms used in respect of HIV tests and related medical
p.(None): assessments.
p.(None): (2) No person shall record, collect, transmit or store records, information or forms in respect of HIV tests or
p.(None): related medical assessments of another person otherwise than in accordance with the privacy guidelines
p.(None): prescribed under this section.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 21. Confidentiality of records
p.(None): No person shall, in any records or forms used in relation to—
p.(None): (a) a request for a HIV test by persons in respect of themselves;
p.(None): (b) an instruction by a medical practitioner to a laboratory for an HIV test to be conducted;
p.(None): (c) the laboratory testing for HIV or HIV antibodies; or
p.(None): (d) the notification to the medical practitioner of the result of the HIV test,
p.(None): include any information which directly or indirectly identifies the person to whom an HIV test relates, except in
p.(None): accordance with the privacy guidelines prescribed under section 20.
p.(None): 22. Disclosure of information
p.(None): (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any
p.(None): other person except—
p.(None): (a) with the written consent of that person;
p.(None):
p.(None):
p.(None): [Issue 1] 14
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
p.(None): (h) to a court where the information contained in medical records is directly relevant to the
p.(None): proceedings before the court or tribunal;
p.(None): (i) if the person to whom the information relates dies, to the Registrar of Births and Deaths pursuant to section
p.(None): 18 of the Births and Deaths Registration Act (Cap. 149); or
p.(None): (j) if authorized or required to do so under this Act or under any other written law.
p.(None): (2) Subsection (1) shall not apply to a disclosure of statistical or other information that could not
p.(None): reasonably be expected to lead to the identification of the person to whom it relates.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 23. Penalty for breach of confidentiality
p.(None): A person who contravenes any of the provisions of this Part or of any guidelines prescribed hereunder
p.(None): commits an offence.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission
p.(None): (1) A person who is and is aware of being infected with HIV or is carrying and is aware of carrying the HIV virus
p.(None): shall—
p.(None): (a) take all reasonable measures and precautions to prevent the transmission of HIV to others; and
p.(None):
p.(None):
p.(None): 15 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) inform, in advance, any sexual contact or person with whom needles are shared of that fact.
p.(None): (2) A person who is and is aware of being infected with HIV or who is carrying and is aware of carrying HIV shall not,
p.(None): knowingly and recklessly, place another person at risk of becoming infected with HIV unless that other person knew that
p.(None): fact and voluntarily accepted the risk of being infected.
p.(None): (3) A person who contravenes the provisions of subsection (1) or (2) commits an offence and shall be liable upon
p.(None): conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not
p.(None): exceeding seven years, or to both such fine and imprisonment.
p.(None): (4) A person referred to in subsection (1) or (2) may request any medical practitioner or any person
p.(None): approved by the Minister under section 16 to inform and counsel a sexual contact of the HIV status of that person.
p.(None): (5) A request under subsection (4) shall be in the prescribed form.
p.(None): (6) On receipt of a request made under subsection (4), the medical practitioner or approved
p.(None): person shall, whenever possible, comply with that request in person.
p.(None): (7) A medical practitioner who is responsible for the treatment of a person and who becomes aware that the
p.(None): person has not, after reasonable opportunity to do so—
p.(None): (a) complied with subsection (1) or (2); or
p.(None): (b) made a request under subsection (4),
p.(None): may inform any sexual contact of that person of the HIV status of that person.
p.(None): (8) Any medical practitioner or approved person who informs a sexual contact as provided under subsection (6) or (7)
p.(None): shall not, by reason only of that action, be in breach of the provisions of this Act.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal
p.(None): (1) There is hereby established a Tribunal to be known as the HIV and AIDS Tribunal which shall consist of
p.(None): members appointed by the Attorney-General as follows—
p.(None): (a) a chairman who shall be an advocate of the High Court of not less than seven years standing;
p.(None): (b) two advocates of the High Court of not less than five years standing;
p.(None): (c) two medical practitioners recognized by the Medical Practitioners and Dentists Board as specialists
p.(None): under the Medical Practitioners and Dentists Act (Cap. 253); and
p.(None): (d) two persons having such specialized skill or knowledge necessary for the discharge of the functions of the
p.(None): Tribunal.
p.(None): (2) At least two of the persons appointed under subsection (1)(a), (b) and (c) shall be women.
p.(None):
p.(None):
p.(None): [Issue 1] 16
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (3) The quorum for a meeting of the Tribunal shall be the chairman and four other members.
p.(None): (4) All matters before the Tribunal shall be decided by the votes of a majority of the members present.
p.(None): (5) There shall be paid to the members of the Tribunal such remuneration and allowances as the Minister may
p.(None): in consultation with the Treasury determine.
p.(None): (6) The Office of a member of the Tribunal shall become vacant—
p.(None): (a) at the expiration of three years from the date of his appointment;
p.(None): (b) if he ceases by any reason to be such advocate or medical practitioner as referred to in subsection
p.(None): (1);
p.(None): (c) if he is removed from membership of the Tribunal by the Attorney- General for failure to discharge the
p.(None): functions of his Office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour;
p.(None): and
p.(None): (d) if he resigns the office of member of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal
p.(None): (1) The Tribunal shall have jurisdiction—
p.(None): (a) to hear and determine complaints arising out of any breach of the provisions of this Act;
p.(None): (b) to hear and determine any matter or appeal as may be made to it pursuant to the provisions of this Act; and
p.(None): (c) to perform such other functions as may be conferred upon it by this Act or by any other written law being in
p.(None): force.
p.(None): (2) The jurisdiction conferred upon the Tribunal under subsection (1) excludes criminal jurisdiction.
p.(None):
p.(None): 27. Powers of the Tribunal
p.(None): (1) On the hearing of a complaint or an appeal made pursuant to section 26, the Tribunal shall have all the powers of
p.(None): a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call for
p.(None): the production of books and other documents.
p.(None): (2) Where the Tribunal considers it desirable for the purpose of minimizing expense or avoiding delay or
p.(None): for any other special reason, it may receive evidence by affidavit and administer interrogatories and
p.(None): require the person to whom the interrogatories are administered to make a full and true reply to the
p.(None): interrogatories within the time specified by the Tribunal.
p.(None): (3) In its determination of any matter the Tribunal may take into consideration any evidence which it considers
p.(None): relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be
p.(None): admissible under the Evidence Act (Cap. 80).
p.(None): (4) The Tribunal shall have power to summon expert evidence as may be necessary for the discharge of its
p.(None): functions under this Act.
p.(None):
p.(None):
p.(None): 17 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (5) The Tribunal shall have power to award the costs of any proceedings before it and to direct that
p.(None): costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific
p.(None): sum as costs.
p.(None): (6) All summons, notices or other documents issued under the hand of the chairman of the Tribunal shall be deemed to
p.(None): be issued by the Tribunal.
p.(None): (7) Upon any complaint or appeal being made to the Tribunal under this Act, the Tribunal may—
p.(None): (a) confirm, set aside or vary the order or decision in question;
p.(None): (b) make such other order as may be appropriate in the circumstances;
p.(None): (c) without prejudice to the generality of paragraph (b), make an order—
p.(None): (i) for the payment of damages in respect of any proven financial loss, including future loss, or in respect
p.(None): of impairment of dignity, pain and suffering or emotional and psychological suffering as a result of the
p.(None): discrimination in question;
p.(None): (ii) directing that specific steps be taken to stop the discriminatory practice;
p.(None): (iii) for the maintenance of the status quo of any matter or activity which is the subject of the complaint
p.(None): or appeal until the complaint or appeal is determined;
p.(None): (iv) requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of
p.(None): the Tribunal’s order.
p.(None): (8) Any interested party may be represented before the Tribunal by an advocate or by any other person whom
p.(None): the Tribunal may, in its discretion, admit to be heard on behalf of the party.
p.(None):
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of
p.(None): account, statements, or other documents or required to answer interrogatories and who, without sufficient cause—
p.(None): (a) refuses or fails to attend at the time and place mentioned in the summons served on him;
p.(None): (b) refuses or fails to answer, or to answer fully and satisfactorily, to the best of his knowledge and belief all
p.(None): questions lawfully put to him by or with the concurrence of the Tribunal; or
p.(None): (c) refuses or fails to produce any records, books of account, statements or other documents
p.(None): which are in his possession or under his control mentioned or referred to in any summons served on him,
p.(None): commits an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to
p.(None): imprisonment for a term not exceeding two years, or to both.
p.(None):
p.(None):
p.(None): [Issue 1] 18
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 29. Enforcement of orders for damages and costs
p.(None): (1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person
p.(None): in whose favour the damages or costs are awarded, issue to him a certificate stating the amount of the damages
p.(None): or costs.
p.(None): (2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose
p.(None): favour the damages or costs have been awarded and, upon being so filed, shall be deemed to be a decree of the High
p.(None): Court and may be executed as such.
p.(None):
p.(None): 30. Rules
p.(None): Except as otherwise provided in this Act, the Chief Justice may in consultation with the chairman of the Tribunal,
p.(None): and by Notice in the Gazette make rules governing the practice and procedure of the Tribunal having
p.(None): regard to the objectives of this Act.
p.(None):
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None):
p.(None): 31. Discrimination in the workplace
p.(None): (1) Subject to subsection (2), no person shall be—
p.(None): (a) denied access to any employment for which he is qualified; or
p.(None): (b) transferred, denied promotion or have his employment terminated, on the grounds only of his actual, perceived
p.(None): or suspected HIV status.
p.(None): (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that
p.(None): the requirements of the employment in question are that a person be in a particular state of health or medical or
p.(None): clinical condition.
p.(None):
p.(None): 32. Discrimination in schools
p.(None): No educational institution shall deny admission or expel, discipline, segregate, deny participation in any event or
p.(None): activity, or deny any benefits or services to a person on the grounds only of the person’s actual, perceived or
p.(None): suspected HIV status.
p.(None):
p.(None): 33. Restriction on travel and habitation
p.(None): (1) A person’s freedom of abode, lodging, or travel, within or outside Kenya, shall not be denied or restricted
p.(None): on the grounds only of the person’s actual, perceived or suspected HIV status.
p.(None): (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the
p.(None): grounds only of the person’s actual, perceived or suspected HIV status.
p.(None):
p.(None): 34. Inhibition from public service
p.(None): No person shall be denied the right to seek an elective or other public office on the grounds only of the person’s
p.(None): actual, perceived or suspected HIV status.
p.(None):
p.(None):
p.(None): 19 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 35. Exclusion from credit and insurance services
p.(None): (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the
p.(None): purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or
p.(None): continuation of any such services.
p.(None): (2) Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall,
p.(None): in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer
p.(None): shall not be required to disclose his or her HIV status.
p.(None): (3) Where a proposer seeks a cover exceeding the no test limit prescribed under subsection (2) the
p.(None): insurer, reinsurer or health maintenance organization may, subject to this Act, require the proposer to undergo an
p.(None): HIV test.
p.(None): (4) Where a proposer elects to undergo an HIV test pursuant to subsection
p.(None): (3) and the results thereof are positive—
p.(None): (a) the proposer shall, at his own expense, enter into such agreed treatment programme with the insurer
p.(None): as may be prescribed by the Minister in consultation with Commissioner for Insurance; or
p.(None): (b) the insurer may impose a reasonable additional premium or lien to the benefits ordinarily purchased; or
p.(None): (c) the insurer may decline granting the cover being sought.
p.(None): (5) A person aggrieved by a determination as to what is reasonable for the purposes of this section may appeal
p.(None): to the Commissioner of Insurance in accordance with such procedure as may be prescribed in regulations
p.(None): and the Commissioner of Insurance shall make a determination on the basis of statistical and actuarial principles and
p.(None): other relevant considerations.
p.(None): (6) A person aggrieved by a determination made under subsection (5) may appeal within thirty days to the Tribunal and
p.(None): the decision of the Tribunal shall be final.
p.(None):
p.(None): 36. Discrimination in health institutions
p.(None): No person shall be denied access to healthcare services in any health institution, or be charged a higher
p.(None): fee for any such services, on the grounds only of the person’s actual, perceived or suspected HIV status.
p.(None):
p.(None): 37. Denial of burial services
p.(None): A deceased person who had AIDS, or was known, suspected or perceived to be HIV-positive shall not be denied access to
p.(None): any burial services on the grounds only of their said status.
p.(None):
p.(None): 38. Penalty for discriminatory acts and practices
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None):
p.(None): [Issue 1] 20
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): PART IX – RESEARCH
p.(None):
p.(None): 39. Requirements for research
p.(None): No person shall undertake HIV or AIDS related human biomedical research on another person, or on any tissue or blood
p.(None): removed from such person unless such research conforms to the requirements under the Science and Technology Act (Cap.
p.(None): 250) or any other written law for the time in force.
p.(None):
p.(None): 40. Consent to research
p.(None): (1) No person shall undertake HIV or AIDS related human biomedical research on another person or on any
p.(None): tissue or blood removed from such person except—
p.(None): (a) with the written informed consent of that other person; or
p.(None): (b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
p.(None): (2) The person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims,
p.(None): methods, anticipated benefits and the potential hazards and discomforts of the research.
p.(None):
p.(None): 41. Anonymous testing
p.(None): (1) Notwithstanding anything to the contrary in this Act, the Minister for the time being responsible for matters
p.(None): relating to health may prescribe guidelines under which anonymous testing for HIV may be carried out.
p.(None): (2) Any anonymous testing conducted pursuant to this section shall only be for the purposes of public health.
p.(None):
p.(None): 42. Penalty for unlawful research
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None):
p.(None): 43. General penalty
p.(None): A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment
p.(None): for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.
p.(None):
p.(None): 44. Cognizable offences
p.(None): All offences under this Act shall be cognizable to the police.
p.(None):
p.(None): 45. Regulations
p.(None): Subject to this Act, the Minister may make regulations—
p.(None): (a) for prescribing anything required by this Act to be prescribed; or
p.(None): (b) generally for the better carrying out of the objects of this Act.
p.(None):
p.(None):
p.(None): 21 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 46. Act to supersede other Acts
p.(None): Where the provisions of this Act or any regulations made hereunder are inconsistent with the provisions of
p.(None): any other written law, the provision of this Act or of such regulations shall prevail.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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Searching for indicator disability:
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p.(None): symptoms, resulting from depletion of the immune system caused by infection with the Human
p.(None): Immunodeficiency Virus (HIV);
p.(None): “anonymous testing” means an HIV testing procedure whereby the person being tested does not reveal his true
p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
...
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
p.(None): (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under
p.(None): section 9;
p.(None): (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in
p.(None): respect of such blood under section 10;
p.(None): (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test in respect of that
p.(None): person without the consent of the person if—
...
p.(None): (d) guidelines for self testing.
p.(None): (5) A person who contravenes the provisions of this section or of any regulations made hereunder commits an
p.(None): offence.
p.(None): (6) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None): 17. Pre-test and post-test counselling
p.(None): (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any
p.(None): other person likely to be affected by the results of such test.
p.(None): (2) The Ministry responsible for matters relating to Health shall enhance the capacities of testing centres by
p.(None): ensuring the training of competent personnel to provide the services required by this Act to be provided at such
p.(None): centres.
p.(None): 18. Results of HIV test
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
...
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
p.(None): (h) to a court where the information contained in medical records is directly relevant to the
p.(None): proceedings before the court or tribunal;
p.(None): (i) if the person to whom the information relates dies, to the Registrar of Births and Deaths pursuant to section
p.(None): 18 of the Births and Deaths Registration Act (Cap. 149); or
p.(None): (j) if authorized or required to do so under this Act or under any other written law.
p.(None): (2) Subsection (1) shall not apply to a disclosure of statistical or other information that could not
p.(None): reasonably be expected to lead to the identification of the person to whom it relates.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 23. Penalty for breach of confidentiality
p.(None): A person who contravenes any of the provisions of this Part or of any guidelines prescribed hereunder
p.(None): commits an offence.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission
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Health / Mentally Incapacitated
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p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
p.(None): (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under
p.(None): section 9;
p.(None): (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in
p.(None): respect of such blood under section 10;
p.(None): (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test in respect of that
p.(None): person without the consent of the person if—
p.(None): (i) the person is unconscious and unable to give consent; and
...
p.(None): offence.
p.(None): (6) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None): 17. Pre-test and post-test counselling
p.(None): (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any
p.(None): other person likely to be affected by the results of such test.
p.(None): (2) The Ministry responsible for matters relating to Health shall enhance the capacities of testing centres by
p.(None): ensuring the training of competent personnel to provide the services required by this Act to be provided at such
p.(None): centres.
p.(None): 18. Results of HIV test
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
p.(None): persons with HIV or AIDS and those exposed to the risk of HIV infection.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines
...
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
p.(None): (h) to a court where the information contained in medical records is directly relevant to the
p.(None): proceedings before the court or tribunal;
p.(None): (i) if the person to whom the information relates dies, to the Registrar of Births and Deaths pursuant to section
p.(None): 18 of the Births and Deaths Registration Act (Cap. 149); or
p.(None): (j) if authorized or required to do so under this Act or under any other written law.
p.(None): (2) Subsection (1) shall not apply to a disclosure of statistical or other information that could not
p.(None): reasonably be expected to lead to the identification of the person to whom it relates.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 23. Penalty for breach of confidentiality
p.(None): A person who contravenes any of the provisions of this Part or of any guidelines prescribed hereunder
p.(None): commits an offence.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.(None): transmission; and
p.(None): (d) positively address and seek to eradicate conditions that aggravate the spread of HIV infection.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information
p.(None): (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information
p.(None): campaign conducted by the Government through its various Ministries, Departments, authorities and other
p.(None): agencies.
p.(None):
p.(None):
p.(None): [Issue 1] 8
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The educational and information campaign referred to in subsection (1) shall—
p.(None): (a) employ scientifically proven approaches;
p.(None): (b) focus on the family as the basic social unit;
p.(None): (c) encourage testing of individuals; and
p.(None): (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other
p.(None): places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
p.(None): (3) In conducting the educational and information campaign referred to in this section, the Government shall
p.(None): collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups
p.(None): infected and affected by HIV and AIDS, including persons with disabilities.
p.(None): 5. HIV and AIDS education in institutions of learning
p.(None): (1) The Ministry responsible for education, utilizing official information provided by the Ministry,
p.(None): shall integrate instruction on the causes, modes of transmission and ways of preventing HIV and
p.(None): AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary,
p.(None): secondary and tertiary levels, including informal, non formal and indigenous learning systems:
p.(None): Provided that—
p.(None): (a) where the integration of HIV and AIDS education is not appropriate or feasible at any level, the Ministry
...
Health / Physically Disabled
Searching for indicator illness:
(return to top)
p.(None): “anonymous testing” means an HIV testing procedure whereby the person being tested does not reveal his true
p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
p.(None): (b) a pharmacist or a pharmaceutical technologist registered or enrolled under the Pharmacy and Poisons Act (Cap.
p.(None): 244);
p.(None): (c) a nurse registered and licensed under the Nurses Act (Cap. 257);
p.(None): (d) a clinical officer registered and licensed under the Clinical Officers (Training, Registration and Licensing)
p.(None): Act (Cap. 260);
p.(None): (e) a laboratory technician or technologist registered and licensed under the Medical Laboratory Technicians
p.(None): and Technologist Act, 1999 (No. 10 of 1999);
p.(None): (f) counsellors who have completed training as approved by the Minister for the time being
p.(None): responsible for matters relating to health,
p.(None): and includes any other person approved by the Minister under section 16;
p.(None): “healthcare service” rendered to a person means—
p.(None): (a) the physical or mental examination of that person;
p.(None): (b) the treatment or prevention of any physical or mental defect, illness or deficiency and the giving of
p.(None): advice in relation to that defect, illness or deficiency;
p.(None): (c) the performing of any surgical or other invasive procedure;
p.(None): (d) the giving of advice in relation to or treatment of any condition arising out of a pregnancy;
p.(None): (e) the prescribing, dispensing, supplying or applying of any medicine, appliance or apparatus in relation to any
p.(None): defect, illness, deficiency or pregnancy;
p.(None): (f) X-ray, laboratory and other investigative and diagnostic procedures;
p.(None): (g) physiotherapy, speech therapy, occupational therapy and other types and variations of similar
p.(None): rehabilitative treatment;
p.(None): (h) nursing or midwifery in health institutions and other places where nursing and midwifery services
p.(None): may be rendered, including home- based nursing and midwifery services by duly qualified registered and
p.(None): experienced nurses and midwives;
p.(None):
p.(None):
p.(None): [Issue 1] 6
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (i) the supply of accommodation in any institution established or registered in terms of any
p.(None): law as a health institution or any other institution or place where surgical or other medical procedures are
p.(None): performed, provided that such accommodation is necessitated by any physical or mental defect, illness,
p.(None): deficiency or a pregnancy;
p.(None): (j) the provision of pre-test or post-test counseling services;
p.(None): “HIV test” means a prescribed tests or series of tests which determines whether a person is infected with HIV;
p.(None): “human biomedical research” means—
p.(None): (a) any research that involves direct interference or interaction with the physical body of a human subject and
p.(None): that involves a concomitant risk of physical injury or harm however remote;
p.(None): (b) any research programme that involves the administration of any drug on a human subject whether it is
p.(None): for the purpose of testing the effects or efficacy of the drug, or whether as a means for
p.(None): establishing any other objective of the research programme;
p.(None): (c) any research that involves the trial or use of a medical device on a human subject;
p.(None): (d) any research that involves carrying out a test on a human subject’s physiological, emotional or mental
p.(None): responses, such test not being conducted for diagnostic purposes with a view to the therapeutic management
p.(None): of the human subject;
p.(None): (e) any research involving human tissue, or medical, personal or genetic information relating
p.(None): to both identifiable and anonymous human subjects for the purpose of generating data about medical, genetic or
p.(None): biological processes, diseases or conditions in human subjects;
...
Health / Pregnant
Searching for indicator pregnant:
(return to top)
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
...
p.(None): (d) the notification to the medical practitioner of the result of the HIV test,
p.(None): include any information which directly or indirectly identifies the person to whom an HIV test relates, except in
p.(None): accordance with the privacy guidelines prescribed under section 20.
p.(None): 22. Disclosure of information
p.(None): (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any
p.(None): other person except—
p.(None): (a) with the written consent of that person;
p.(None):
p.(None):
p.(None): [Issue 1] 14
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
...
Health / Unconscious People
Searching for indicator unconscious:
(return to top)
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
p.(None): (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under
p.(None): section 9;
p.(None): (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in
p.(None): respect of such blood under section 10;
p.(None): (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test in respect of that
p.(None): person without the consent of the person if—
p.(None): (i) the person is unconscious and unable to give consent; and
p.(None): (ii) the medical practitioner reasonably believes that such a test is clinically necessary or desirable in the
p.(None): interest of that person.
p.(None): (3) Subject to section 17, a medical practitioner who undertakes an HIV test on a person under this section
p.(None): shall, if the person so requires, disclose the results of the HIV test to that person.
p.(None): (4) A person who contravenes the provisions of this section commits an offence.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 15. Provision of testing facilities
p.(None): The Minister shall ensure that facilities for HIV testing are made available to persons who—
p.(None): (a) voluntarily request an HIV test in respect of themselves; or
p.(None):
p.(None):
p.(None): [Issue 1] 12
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) are required under the provisions of this Act or any other written law to undergo an HIV test.
p.(None): 16. Testing centres
p.(None): (1) No person shall carry out an HIV test except in a testing centre approved by the Minister under this section or in
p.(None): the manner specified under paragraph (d) of subsection (4).
...
Health / patients in emergency situations
Searching for indicator emergencies:
(return to top)
p.(None): (b) employees of private and informal sectors.
p.(None): (2) The information provided under this section shall cover issues such as confidentiality in the
p.(None): work-place and attitudes towards infected employees and workers.
p.(None): 8. HIV and AIDS information in communities
p.(None): Every Local Authority, in collaboration with the Ministry, shall conduct an educational and information
p.(None): campaign on HIV and AIDS within its area of jurisdiction.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue
p.(None): (1) A person who offers to donate any tissue shall, immediately before such donation, undergo an HIV test.
p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
p.(None): (3) Notwithstanding the provisions of subsections (1) and (2), the proposed recipient of donated tissue or his
p.(None): immediate relatives shall have the right to demand a second HIV test on such tissue before a transplant or other
p.(None): use of the tissue and such test shall, except in the case of emergencies, be carried out.
p.(None): 10. Testing of donated blood
p.(None): (1) All donated blood shall, as soon as reasonably practicable after donation, be subjected to an HIV test.
p.(None): (2) Any blood tested under subsection (1) which is found to be HIV positive shall be disposed of in accordance with
p.(None): the prescribed guidelines on the disposal of medical waste as soon as reasonably practicable after such result is
p.(None): obtained.
p.(None): 11. Guidelines on surgical and similar procedures
p.(None): (1) The Minister shall, in consultation with registered professional associations of healthcare
p.(None): providers, prescribe guidelines on—
p.(None): (a) precautions against HIV transmission during surgical, dental, delivery, embalming and similar
p.(None): procedures; and
p.(None): (b) the handling and disposal of cadavers, body fluids or wastes of persons with HIV.
p.(None):
p.(None):
p.(None): [Issue 1] 10
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The Minister shall, at all times, ensure the provision of protective equipment such as
...
Health / sexually transmitted disases
Searching for indicator sexually transmitted:
(return to top)
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The educational and information campaign referred to in subsection (1) shall—
p.(None): (a) employ scientifically proven approaches;
p.(None): (b) focus on the family as the basic social unit;
p.(None): (c) encourage testing of individuals; and
p.(None): (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other
p.(None): places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
p.(None): (3) In conducting the educational and information campaign referred to in this section, the Government shall
p.(None): collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups
p.(None): infected and affected by HIV and AIDS, including persons with disabilities.
p.(None): 5. HIV and AIDS education in institutions of learning
p.(None): (1) The Ministry responsible for education, utilizing official information provided by the Ministry,
p.(None): shall integrate instruction on the causes, modes of transmission and ways of preventing HIV and
p.(None): AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary,
p.(None): secondary and tertiary levels, including informal, non formal and indigenous learning systems:
p.(None): Provided that—
p.(None): (a) where the integration of HIV and AIDS education is not appropriate or feasible at any level, the Ministry
p.(None): responsible for education shall design modules of HIV and AIDS prevention and control;
p.(None): (b) such integration shall not be used for the sale or distribution of birth control devices;
p.(None): (c) the formulation and adoption of the appropriate course content, scope and methodology at each
p.(None): educational level shall be determined after consultation with the relevant stakeholders.
p.(None): (2) The Ministry responsible for education, in consultation with the Ministry, shall ensure that every teacher or
p.(None): instructor of an HIV and AIDS prevention and control course under this section is adequately trained and duly qualified
p.(None): to teach such course.
p.(None): 6. HIV and AIDS education as a healthcare service
p.(None): (1) HIV and AIDS education and information dissemination shall form part of the delivery of healthcare services by
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
p.(None): persons with HIV or AIDS and those exposed to the risk of HIV infection.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines
p.(None): (1) The Minister for the time being responsible for matters relating to health may, in regulations, prescribe
p.(None): privacy guidelines, including the use of an identifying code, relating to the recording, collecting,
p.(None): storing and security of information, records or forms used in respect of HIV tests and related medical
p.(None): assessments.
p.(None): (2) No person shall record, collect, transmit or store records, information or forms in respect of HIV tests or
p.(None): related medical assessments of another person otherwise than in accordance with the privacy guidelines
p.(None): prescribed under this section.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 21. Confidentiality of records
p.(None): No person shall, in any records or forms used in relation to—
p.(None): (a) a request for a HIV test by persons in respect of themselves;
p.(None): (b) an instruction by a medical practitioner to a laboratory for an HIV test to be conducted;
p.(None): (c) the laboratory testing for HIV or HIV antibodies; or
...
p.(None): commits an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to
p.(None): imprisonment for a term not exceeding two years, or to both.
p.(None):
p.(None):
p.(None): [Issue 1] 18
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 29. Enforcement of orders for damages and costs
p.(None): (1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person
p.(None): in whose favour the damages or costs are awarded, issue to him a certificate stating the amount of the damages
p.(None): or costs.
p.(None): (2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose
p.(None): favour the damages or costs have been awarded and, upon being so filed, shall be deemed to be a decree of the High
p.(None): Court and may be executed as such.
p.(None):
p.(None): 30. Rules
p.(None): Except as otherwise provided in this Act, the Chief Justice may in consultation with the chairman of the Tribunal,
p.(None): and by Notice in the Gazette make rules governing the practice and procedure of the Tribunal having
p.(None): regard to the objectives of this Act.
p.(None):
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None):
p.(None): 31. Discrimination in the workplace
p.(None): (1) Subject to subsection (2), no person shall be—
p.(None): (a) denied access to any employment for which he is qualified; or
p.(None): (b) transferred, denied promotion or have his employment terminated, on the grounds only of his actual, perceived
p.(None): or suspected HIV status.
p.(None): (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that
p.(None): the requirements of the employment in question are that a person be in a particular state of health or medical or
p.(None): clinical condition.
p.(None):
p.(None): 32. Discrimination in schools
p.(None): No educational institution shall deny admission or expel, discipline, segregate, deny participation in any event or
p.(None): activity, or deny any benefits or services to a person on the grounds only of the person’s actual, perceived or
p.(None): suspected HIV status.
p.(None):
p.(None): 33. Restriction on travel and habitation
p.(None): (1) A person’s freedom of abode, lodging, or travel, within or outside Kenya, shall not be denied or restricted
p.(None): on the grounds only of the person’s actual, perceived or suspected HIV status.
p.(None): (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the
p.(None): grounds only of the person’s actual, perceived or suspected HIV status.
p.(None):
p.(None): 34. Inhibition from public service
p.(None): No person shall be denied the right to seek an elective or other public office on the grounds only of the person’s
p.(None): actual, perceived or suspected HIV status.
p.(None):
p.(None):
p.(None): 19 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 35. Exclusion from credit and insurance services
p.(None): (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the
p.(None): purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or
p.(None): continuation of any such services.
p.(None): (2) Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall,
p.(None): in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer
p.(None): shall not be required to disclose his or her HIV status.
p.(None): (3) Where a proposer seeks a cover exceeding the no test limit prescribed under subsection (2) the
p.(None): insurer, reinsurer or health maintenance organization may, subject to this Act, require the proposer to undergo an
p.(None): HIV test.
p.(None): (4) Where a proposer elects to undergo an HIV test pursuant to subsection
p.(None): (3) and the results thereof are positive—
p.(None): (a) the proposer shall, at his own expense, enter into such agreed treatment programme with the insurer
p.(None): as may be prescribed by the Minister in consultation with Commissioner for Insurance; or
p.(None): (b) the insurer may impose a reasonable additional premium or lien to the benefits ordinarily purchased; or
p.(None): (c) the insurer may decline granting the cover being sought.
p.(None): (5) A person aggrieved by a determination as to what is reasonable for the purposes of this section may appeal
p.(None): to the Commissioner of Insurance in accordance with such procedure as may be prescribed in regulations
p.(None): and the Commissioner of Insurance shall make a determination on the basis of statistical and actuarial principles and
p.(None): other relevant considerations.
p.(None): (6) A person aggrieved by a determination made under subsection (5) may appeal within thirty days to the Tribunal and
p.(None): the decision of the Tribunal shall be final.
p.(None):
p.(None): 36. Discrimination in health institutions
p.(None): No person shall be denied access to healthcare services in any health institution, or be charged a higher
p.(None): fee for any such services, on the grounds only of the person’s actual, perceived or suspected HIV status.
p.(None):
p.(None): 37. Denial of burial services
p.(None): A deceased person who had AIDS, or was known, suspected or perceived to be HIV-positive shall not be denied access to
p.(None): any burial services on the grounds only of their said status.
p.(None):
p.(None): 38. Penalty for discriminatory acts and practices
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None):
p.(None): [Issue 1] 20
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): PART IX – RESEARCH
p.(None):
p.(None): 39. Requirements for research
p.(None): No person shall undertake HIV or AIDS related human biomedical research on another person, or on any tissue or blood
p.(None): removed from such person unless such research conforms to the requirements under the Science and Technology Act (Cap.
p.(None): 250) or any other written law for the time in force.
p.(None):
p.(None): 40. Consent to research
p.(None): (1) No person shall undertake HIV or AIDS related human biomedical research on another person or on any
p.(None): tissue or blood removed from such person except—
p.(None): (a) with the written informed consent of that other person; or
p.(None): (b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
...
Social / Child
Searching for indicator child:
(return to top)
p.(None): sections 14, 18, 22, 24 and 39.]
p.(None): [Date of commencement: 1st December 2010,
p.(None): sections 14, 18, 22 and 24.]
p.(None):
p.(None): An Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the
p.(None): protection and promotion of public health and for the appropriate treatment, counseling, support and care of persons
p.(None): infected or at risk of HIV and AIDS infection, and for connected purposes
p.(None): [L.N. 34/2009, L.N.180/2010, Act No. 6 of 2009.]
p.(None):
p.(None): PART I – PRELIMINARY
p.(None): 1. Short title and commencement
p.(None): This Act may be cited as the HIV and AIDS Prevention and Control Act, 2006.
p.(None): 2. Interpretation
p.(None): In this Act, unless the context otherwise requires—
p.(None): “Acquired Immune Deficiency Syndrome (AIDS)” means a condition characterized by a combination of signs and
p.(None): symptoms, resulting from depletion of the immune system caused by infection with the Human
p.(None): Immunodeficiency Virus (HIV);
p.(None): “anonymous testing” means an HIV testing procedure whereby the person being tested does not reveal his true
p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
p.(None): (b) a pharmacist or a pharmaceutical technologist registered or enrolled under the Pharmacy and Poisons Act (Cap.
p.(None): 244);
p.(None): (c) a nurse registered and licensed under the Nurses Act (Cap. 257);
...
p.(None): (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV
p.(None): test as a precondition to, or for the continued enjoyment of—
p.(None): (a) employment;
p.(None): (b) marriage;
p.(None): (c) admission into any educational institution;
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
...
p.(None): approved by the Minister under this section.
p.(None): (4) The Minister shall, in regulations, prescribe—
p.(None): (a) the standards and the procedure for the approval of testing centres for the purposes of this Act;
p.(None): (b) the standards and the procedure for the approval of healthcare providers for the purposes of
p.(None): subsection (2);
p.(None): (c) guidelines for the provision of pre-test and post-test counselling services at such centres, including
p.(None): the standards and the procedure for approval of persons qualified to provide such services; and
p.(None): (d) guidelines for self testing.
p.(None): (5) A person who contravenes the provisions of this section or of any regulations made hereunder commits an
p.(None): offence.
p.(None): (6) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None): 17. Pre-test and post-test counselling
p.(None): (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any
p.(None): other person likely to be affected by the results of such test.
p.(None): (2) The Ministry responsible for matters relating to Health shall enhance the capacities of testing centres by
p.(None): ensuring the training of competent personnel to provide the services required by this Act to be provided at such
p.(None): centres.
p.(None): 18. Results of HIV test
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
...
p.(None): (b) an instruction by a medical practitioner to a laboratory for an HIV test to be conducted;
p.(None): (c) the laboratory testing for HIV or HIV antibodies; or
p.(None): (d) the notification to the medical practitioner of the result of the HIV test,
p.(None): include any information which directly or indirectly identifies the person to whom an HIV test relates, except in
p.(None): accordance with the privacy guidelines prescribed under section 20.
p.(None): 22. Disclosure of information
p.(None): (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any
p.(None): other person except—
p.(None): (a) with the written consent of that person;
p.(None):
p.(None):
p.(None): [Issue 1] 14
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
...
p.(None):
p.(None): 37. Denial of burial services
p.(None): A deceased person who had AIDS, or was known, suspected or perceived to be HIV-positive shall not be denied access to
p.(None): any burial services on the grounds only of their said status.
p.(None):
p.(None): 38. Penalty for discriminatory acts and practices
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None):
p.(None): [Issue 1] 20
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): PART IX – RESEARCH
p.(None):
p.(None): 39. Requirements for research
p.(None): No person shall undertake HIV or AIDS related human biomedical research on another person, or on any tissue or blood
p.(None): removed from such person unless such research conforms to the requirements under the Science and Technology Act (Cap.
p.(None): 250) or any other written law for the time in force.
p.(None):
p.(None): 40. Consent to research
p.(None): (1) No person shall undertake HIV or AIDS related human biomedical research on another person or on any
p.(None): tissue or blood removed from such person except—
p.(None): (a) with the written informed consent of that other person; or
p.(None): (b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
p.(None): (2) The person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims,
p.(None): methods, anticipated benefits and the potential hazards and discomforts of the research.
p.(None):
p.(None): 41. Anonymous testing
p.(None): (1) Notwithstanding anything to the contrary in this Act, the Minister for the time being responsible for matters
p.(None): relating to health may prescribe guidelines under which anonymous testing for HIV may be carried out.
p.(None): (2) Any anonymous testing conducted pursuant to this section shall only be for the purposes of public health.
p.(None):
p.(None): 42. Penalty for unlawful research
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None):
p.(None): 43. General penalty
p.(None): A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment
p.(None): for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.
p.(None):
p.(None): 44. Cognizable offences
p.(None): All offences under this Act shall be cognizable to the police.
p.(None):
p.(None): 45. Regulations
p.(None): Subject to this Act, the Minister may make regulations—
p.(None): (a) for prescribing anything required by this Act to be prescribed; or
p.(None): (b) generally for the better carrying out of the objects of this Act.
p.(None):
p.(None):
p.(None): 21 [Issue 1]
p.(None):
...
Searching for indicator children:
(return to top)
p.(None):
p.(None): An Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the
p.(None): protection and promotion of public health and for the appropriate treatment, counseling, support and care of persons
p.(None): infected or at risk of HIV and AIDS infection, and for connected purposes
p.(None): [L.N. 34/2009, L.N.180/2010, Act No. 6 of 2009.]
p.(None):
p.(None): PART I – PRELIMINARY
p.(None): 1. Short title and commencement
p.(None): This Act may be cited as the HIV and AIDS Prevention and Control Act, 2006.
p.(None): 2. Interpretation
p.(None): In this Act, unless the context otherwise requires—
p.(None): “Acquired Immune Deficiency Syndrome (AIDS)” means a condition characterized by a combination of signs and
p.(None): symptoms, resulting from depletion of the immune system caused by infection with the Human
p.(None): Immunodeficiency Virus (HIV);
p.(None): “anonymous testing” means an HIV testing procedure whereby the person being tested does not reveal his true
p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
...
Social / Incarcerated
Searching for indicator restricted:
(return to top)
p.(None):
p.(None): 30. Rules
p.(None): Except as otherwise provided in this Act, the Chief Justice may in consultation with the chairman of the Tribunal,
p.(None): and by Notice in the Gazette make rules governing the practice and procedure of the Tribunal having
p.(None): regard to the objectives of this Act.
p.(None):
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None):
p.(None): 31. Discrimination in the workplace
p.(None): (1) Subject to subsection (2), no person shall be—
p.(None): (a) denied access to any employment for which he is qualified; or
p.(None): (b) transferred, denied promotion or have his employment terminated, on the grounds only of his actual, perceived
p.(None): or suspected HIV status.
p.(None): (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that
p.(None): the requirements of the employment in question are that a person be in a particular state of health or medical or
p.(None): clinical condition.
p.(None):
p.(None): 32. Discrimination in schools
p.(None): No educational institution shall deny admission or expel, discipline, segregate, deny participation in any event or
p.(None): activity, or deny any benefits or services to a person on the grounds only of the person’s actual, perceived or
p.(None): suspected HIV status.
p.(None):
p.(None): 33. Restriction on travel and habitation
p.(None): (1) A person’s freedom of abode, lodging, or travel, within or outside Kenya, shall not be denied or restricted
p.(None): on the grounds only of the person’s actual, perceived or suspected HIV status.
p.(None): (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the
p.(None): grounds only of the person’s actual, perceived or suspected HIV status.
p.(None):
p.(None): 34. Inhibition from public service
p.(None): No person shall be denied the right to seek an elective or other public office on the grounds only of the person’s
p.(None): actual, perceived or suspected HIV status.
p.(None):
p.(None):
p.(None): 19 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 35. Exclusion from credit and insurance services
p.(None): (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the
p.(None): purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or
p.(None): continuation of any such services.
p.(None): (2) Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall,
p.(None): in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer
...
Social / Marital Status
Searching for indicator married:
(return to top)
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
...
p.(None): (d) the notification to the medical practitioner of the result of the HIV test,
p.(None): include any information which directly or indirectly identifies the person to whom an HIV test relates, except in
p.(None): accordance with the privacy guidelines prescribed under section 20.
p.(None): 22. Disclosure of information
p.(None): (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any
p.(None): other person except—
p.(None): (a) with the written consent of that person;
p.(None):
p.(None):
p.(None): [Issue 1] 14
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
p.(None): (b) a pharmacist or a pharmaceutical technologist registered or enrolled under the Pharmacy and Poisons Act (Cap.
p.(None): 244);
p.(None): (c) a nurse registered and licensed under the Nurses Act (Cap. 257);
p.(None): (d) a clinical officer registered and licensed under the Clinical Officers (Training, Registration and Licensing)
p.(None): Act (Cap. 260);
p.(None): (e) a laboratory technician or technologist registered and licensed under the Medical Laboratory Technicians
p.(None): and Technologist Act, 1999 (No. 10 of 1999);
p.(None): (f) counsellors who have completed training as approved by the Minister for the time being
p.(None): responsible for matters relating to health,
p.(None): and includes any other person approved by the Minister under section 16;
p.(None): “healthcare service” rendered to a person means—
p.(None): (a) the physical or mental examination of that person;
p.(None): (b) the treatment or prevention of any physical or mental defect, illness or deficiency and the giving of
p.(None): advice in relation to that defect, illness or deficiency;
p.(None): (c) the performing of any surgical or other invasive procedure;
p.(None): (d) the giving of advice in relation to or treatment of any condition arising out of a pregnancy;
p.(None): (e) the prescribing, dispensing, supplying or applying of any medicine, appliance or apparatus in relation to any
p.(None): defect, illness, deficiency or pregnancy;
p.(None): (f) X-ray, laboratory and other investigative and diagnostic procedures;
p.(None): (g) physiotherapy, speech therapy, occupational therapy and other types and variations of similar
p.(None): rehabilitative treatment;
p.(None): (h) nursing or midwifery in health institutions and other places where nursing and midwifery services
...
Searching for indicator police:
(return to top)
p.(None): (b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
p.(None): (2) The person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims,
p.(None): methods, anticipated benefits and the potential hazards and discomforts of the research.
p.(None):
p.(None): 41. Anonymous testing
p.(None): (1) Notwithstanding anything to the contrary in this Act, the Minister for the time being responsible for matters
p.(None): relating to health may prescribe guidelines under which anonymous testing for HIV may be carried out.
p.(None): (2) Any anonymous testing conducted pursuant to this section shall only be for the purposes of public health.
p.(None):
p.(None): 42. Penalty for unlawful research
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None):
p.(None): 43. General penalty
p.(None): A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment
p.(None): for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.
p.(None):
p.(None): 44. Cognizable offences
p.(None): All offences under this Act shall be cognizable to the police.
p.(None):
p.(None): 45. Regulations
p.(None): Subject to this Act, the Minister may make regulations—
p.(None): (a) for prescribing anything required by this Act to be prescribed; or
p.(None): (b) generally for the better carrying out of the objects of this Act.
p.(None):
p.(None):
p.(None): 21 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 46. Act to supersede other Acts
p.(None): Where the provisions of this Act or any regulations made hereunder are inconsistent with the provisions of
p.(None): any other written law, the provision of this Act or of such regulations shall prevail.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
...
Social / Property Ownership
Searching for indicator home:
(return to top)
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
p.(None): (b) a pharmacist or a pharmaceutical technologist registered or enrolled under the Pharmacy and Poisons Act (Cap.
p.(None): 244);
p.(None): (c) a nurse registered and licensed under the Nurses Act (Cap. 257);
p.(None): (d) a clinical officer registered and licensed under the Clinical Officers (Training, Registration and Licensing)
p.(None): Act (Cap. 260);
p.(None): (e) a laboratory technician or technologist registered and licensed under the Medical Laboratory Technicians
p.(None): and Technologist Act, 1999 (No. 10 of 1999);
p.(None): (f) counsellors who have completed training as approved by the Minister for the time being
p.(None): responsible for matters relating to health,
p.(None): and includes any other person approved by the Minister under section 16;
p.(None): “healthcare service” rendered to a person means—
p.(None): (a) the physical or mental examination of that person;
p.(None): (b) the treatment or prevention of any physical or mental defect, illness or deficiency and the giving of
p.(None): advice in relation to that defect, illness or deficiency;
p.(None): (c) the performing of any surgical or other invasive procedure;
p.(None): (d) the giving of advice in relation to or treatment of any condition arising out of a pregnancy;
p.(None): (e) the prescribing, dispensing, supplying or applying of any medicine, appliance or apparatus in relation to any
p.(None): defect, illness, deficiency or pregnancy;
p.(None): (f) X-ray, laboratory and other investigative and diagnostic procedures;
p.(None): (g) physiotherapy, speech therapy, occupational therapy and other types and variations of similar
p.(None): rehabilitative treatment;
p.(None): (h) nursing or midwifery in health institutions and other places where nursing and midwifery services
p.(None): may be rendered, including home- based nursing and midwifery services by duly qualified registered and
p.(None): experienced nurses and midwives;
p.(None):
p.(None):
p.(None): [Issue 1] 6
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (i) the supply of accommodation in any institution established or registered in terms of any
p.(None): law as a health institution or any other institution or place where surgical or other medical procedures are
p.(None): performed, provided that such accommodation is necessitated by any physical or mental defect, illness,
p.(None): deficiency or a pregnancy;
p.(None): (j) the provision of pre-test or post-test counseling services;
p.(None): “HIV test” means a prescribed tests or series of tests which determines whether a person is infected with HIV;
p.(None): “human biomedical research” means—
p.(None): (a) any research that involves direct interference or interaction with the physical body of a human subject and
p.(None): that involves a concomitant risk of physical injury or harm however remote;
p.(None): (b) any research programme that involves the administration of any drug on a human subject whether it is
...
Social / Religion
Searching for indicator belief:
(return to top)
p.(None): (b) make such other order as may be appropriate in the circumstances;
p.(None): (c) without prejudice to the generality of paragraph (b), make an order—
p.(None): (i) for the payment of damages in respect of any proven financial loss, including future loss, or in respect
p.(None): of impairment of dignity, pain and suffering or emotional and psychological suffering as a result of the
p.(None): discrimination in question;
p.(None): (ii) directing that specific steps be taken to stop the discriminatory practice;
p.(None): (iii) for the maintenance of the status quo of any matter or activity which is the subject of the complaint
p.(None): or appeal until the complaint or appeal is determined;
p.(None): (iv) requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of
p.(None): the Tribunal’s order.
p.(None): (8) Any interested party may be represented before the Tribunal by an advocate or by any other person whom
p.(None): the Tribunal may, in its discretion, admit to be heard on behalf of the party.
p.(None):
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of
p.(None): account, statements, or other documents or required to answer interrogatories and who, without sufficient cause—
p.(None): (a) refuses or fails to attend at the time and place mentioned in the summons served on him;
p.(None): (b) refuses or fails to answer, or to answer fully and satisfactorily, to the best of his knowledge and belief all
p.(None): questions lawfully put to him by or with the concurrence of the Tribunal; or
p.(None): (c) refuses or fails to produce any records, books of account, statements or other documents
p.(None): which are in his possession or under his control mentioned or referred to in any summons served on him,
p.(None): commits an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to
p.(None): imprisonment for a term not exceeding two years, or to both.
p.(None):
p.(None):
p.(None): [Issue 1] 18
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 29. Enforcement of orders for damages and costs
p.(None): (1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person
p.(None): in whose favour the damages or costs are awarded, issue to him a certificate stating the amount of the damages
p.(None): or costs.
p.(None): (2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose
p.(None): favour the damages or costs have been awarded and, upon being so filed, shall be deemed to be a decree of the High
p.(None): Court and may be executed as such.
p.(None):
p.(None): 30. Rules
p.(None): Except as otherwise provided in this Act, the Chief Justice may in consultation with the chairman of the Tribunal,
...
Searching for indicator conviction:
(return to top)
p.(None): commits an offence.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission
p.(None): (1) A person who is and is aware of being infected with HIV or is carrying and is aware of carrying the HIV virus
p.(None): shall—
p.(None): (a) take all reasonable measures and precautions to prevent the transmission of HIV to others; and
p.(None):
p.(None):
p.(None): 15 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) inform, in advance, any sexual contact or person with whom needles are shared of that fact.
p.(None): (2) A person who is and is aware of being infected with HIV or who is carrying and is aware of carrying HIV shall not,
p.(None): knowingly and recklessly, place another person at risk of becoming infected with HIV unless that other person knew that
p.(None): fact and voluntarily accepted the risk of being infected.
p.(None): (3) A person who contravenes the provisions of subsection (1) or (2) commits an offence and shall be liable upon
p.(None): conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not
p.(None): exceeding seven years, or to both such fine and imprisonment.
p.(None): (4) A person referred to in subsection (1) or (2) may request any medical practitioner or any person
p.(None): approved by the Minister under section 16 to inform and counsel a sexual contact of the HIV status of that person.
p.(None): (5) A request under subsection (4) shall be in the prescribed form.
p.(None): (6) On receipt of a request made under subsection (4), the medical practitioner or approved
p.(None): person shall, whenever possible, comply with that request in person.
p.(None): (7) A medical practitioner who is responsible for the treatment of a person and who becomes aware that the
p.(None): person has not, after reasonable opportunity to do so—
p.(None): (a) complied with subsection (1) or (2); or
p.(None): (b) made a request under subsection (4),
p.(None): may inform any sexual contact of that person of the HIV status of that person.
p.(None): (8) Any medical practitioner or approved person who informs a sexual contact as provided under subsection (6) or (7)
p.(None): shall not, by reason only of that action, be in breach of the provisions of this Act.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal
p.(None): (1) There is hereby established a Tribunal to be known as the HIV and AIDS Tribunal which shall consist of
p.(None): members appointed by the Attorney-General as follows—
...
p.(None): discrimination in question;
p.(None): (ii) directing that specific steps be taken to stop the discriminatory practice;
p.(None): (iii) for the maintenance of the status quo of any matter or activity which is the subject of the complaint
p.(None): or appeal until the complaint or appeal is determined;
p.(None): (iv) requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of
p.(None): the Tribunal’s order.
p.(None): (8) Any interested party may be represented before the Tribunal by an advocate or by any other person whom
p.(None): the Tribunal may, in its discretion, admit to be heard on behalf of the party.
p.(None):
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of
p.(None): account, statements, or other documents or required to answer interrogatories and who, without sufficient cause—
p.(None): (a) refuses or fails to attend at the time and place mentioned in the summons served on him;
p.(None): (b) refuses or fails to answer, or to answer fully and satisfactorily, to the best of his knowledge and belief all
p.(None): questions lawfully put to him by or with the concurrence of the Tribunal; or
p.(None): (c) refuses or fails to produce any records, books of account, statements or other documents
p.(None): which are in his possession or under his control mentioned or referred to in any summons served on him,
p.(None): commits an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to
p.(None): imprisonment for a term not exceeding two years, or to both.
p.(None):
p.(None):
p.(None): [Issue 1] 18
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 29. Enforcement of orders for damages and costs
p.(None): (1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person
p.(None): in whose favour the damages or costs are awarded, issue to him a certificate stating the amount of the damages
p.(None): or costs.
p.(None): (2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose
p.(None): favour the damages or costs have been awarded and, upon being so filed, shall be deemed to be a decree of the High
p.(None): Court and may be executed as such.
p.(None):
p.(None): 30. Rules
p.(None): Except as otherwise provided in this Act, the Chief Justice may in consultation with the chairman of the Tribunal,
p.(None): and by Notice in the Gazette make rules governing the practice and procedure of the Tribunal having
p.(None): regard to the objectives of this Act.
p.(None):
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None):
p.(None): 31. Discrimination in the workplace
p.(None): (1) Subject to subsection (2), no person shall be—
p.(None): (a) denied access to any employment for which he is qualified; or
...
Social / Threat of Stigma
Searching for indicator threat:
(return to top)
p.(None):
p.(None): PART I – PRELIMINARY
p.(None): 1. Short title and commencement
p.(None): This Act may be cited as the HIV and AIDS Prevention and Control Act, 2006.
p.(None): 2. Interpretation
p.(None): In this Act, unless the context otherwise requires—
p.(None): “Acquired Immune Deficiency Syndrome (AIDS)” means a condition characterized by a combination of signs and
p.(None): symptoms, resulting from depletion of the immune system caused by infection with the Human
p.(None): Immunodeficiency Virus (HIV);
p.(None): “anonymous testing” means an HIV testing procedure whereby the person being tested does not reveal his true
p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
...
Social / Women
Searching for indicator women:
(return to top)
p.(None): person shall, whenever possible, comply with that request in person.
p.(None): (7) A medical practitioner who is responsible for the treatment of a person and who becomes aware that the
p.(None): person has not, after reasonable opportunity to do so—
p.(None): (a) complied with subsection (1) or (2); or
p.(None): (b) made a request under subsection (4),
p.(None): may inform any sexual contact of that person of the HIV status of that person.
p.(None): (8) Any medical practitioner or approved person who informs a sexual contact as provided under subsection (6) or (7)
p.(None): shall not, by reason only of that action, be in breach of the provisions of this Act.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal
p.(None): (1) There is hereby established a Tribunal to be known as the HIV and AIDS Tribunal which shall consist of
p.(None): members appointed by the Attorney-General as follows—
p.(None): (a) a chairman who shall be an advocate of the High Court of not less than seven years standing;
p.(None): (b) two advocates of the High Court of not less than five years standing;
p.(None): (c) two medical practitioners recognized by the Medical Practitioners and Dentists Board as specialists
p.(None): under the Medical Practitioners and Dentists Act (Cap. 253); and
p.(None): (d) two persons having such specialized skill or knowledge necessary for the discharge of the functions of the
p.(None): Tribunal.
p.(None): (2) At least two of the persons appointed under subsection (1)(a), (b) and (c) shall be women.
p.(None):
p.(None):
p.(None): [Issue 1] 16
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (3) The quorum for a meeting of the Tribunal shall be the chairman and four other members.
p.(None): (4) All matters before the Tribunal shall be decided by the votes of a majority of the members present.
p.(None): (5) There shall be paid to the members of the Tribunal such remuneration and allowances as the Minister may
p.(None): in consultation with the Treasury determine.
p.(None): (6) The Office of a member of the Tribunal shall become vacant—
p.(None): (a) at the expiration of three years from the date of his appointment;
p.(None): (b) if he ceases by any reason to be such advocate or medical practitioner as referred to in subsection
p.(None): (1);
p.(None): (c) if he is removed from membership of the Tribunal by the Attorney- General for failure to discharge the
p.(None): functions of his Office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour;
p.(None): and
p.(None): (d) if he resigns the office of member of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal
p.(None): (1) The Tribunal shall have jurisdiction—
p.(None): (a) to hear and determine complaints arising out of any breach of the provisions of this Act;
p.(None): (b) to hear and determine any matter or appeal as may be made to it pursuant to the provisions of this Act; and
p.(None): (c) to perform such other functions as may be conferred upon it by this Act or by any other written law being in
p.(None): force.
...
Social / access to healthcare
Searching for indicator access to healthcare:
(return to top)
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None):
p.(None): NO. 14 OF 2006
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Section
p.(None): 1. Short title.
p.(None): 2. Interpretation.
p.(None): ARRANGEMENT OF SECTIONS PART I – PRELIMINARY
p.(None): 3. Object and purpose of Act.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information.
p.(None): 5. HIV and AIDS education in institutions of learning.
p.(None): 6. HIV and AIDS education as a healthcare service.
p.(None): 7. HIV and AIDS education in the workplace.
p.(None): 8. HIV and AIDS information in communities.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue.
p.(None): 10. Testing of donated blood.
p.(None): 11. Guidelines on surgical and similar procedures.
p.(None): 12. Penalty for unsafe practices or procedures.
p.(None): PART IV – TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
p.(None): 13. Prohibition against compulsory testing.
p.(None): 14. Consent to HIV testing.
p.(None): 15. Provision of testing facilities.
p.(None): 16. Testing centres.
p.(None): 17. Pre-test and post-test counselling.
p.(None): 18. Results of HIV test.
p.(None): 19. Access to healthcare services.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines.
p.(None): 21. Confidentiality of records.
p.(None): 22. Disclosure of information.
p.(None): 23. Penalty for breach of confidentiality.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal.
p.(None): 27. Powers of the Tribunal.
p.(None):
p.(None):
p.(None): 3 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): Section
p.(None): 28. Disobedience of summons to give evidence, etc.
p.(None): 29. Enforcement of orders for damages and costs.
p.(None): 30. Rules.
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None): 31. Discrimination in the workplace.
p.(None): 32. Discrimination in schools.
p.(None): 33. Restriction on travel and habitation.
p.(None): 34. Inhibition from public service.
p.(None): 35. Exclusion from credit and insurance services.
p.(None): 36. Discrimination in health institutions.
p.(None): 37. Denial of burial services.
p.(None): 38 Penalty for discriminatory acts and practices.
p.(None): PART IX – RESEARCH
p.(None): 39. Requirements for research.
p.(None): 40. Consent to research.
p.(None): 41. Anonymous testing.
p.(None): 42. Penalty for unlawful research.
...
p.(None):
p.(None): (2) The Minister shall, at all times, ensure the provision of protective equipment such as
p.(None): gloves, goggles and gowns to all healthcare providers and other personnel exposed to the risk of HIV infection.
p.(None): (3) The Minister shall, at all times, ensure the provision of post exposure prophylaxis to healthcare
p.(None): providers and other personnel exposed to the risk of HIV infection.
p.(None): (4) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None):
p.(None): 12. Penalty for unsafe practices or procedures
p.(None): (1) A person who, in the course of his professional practice, knowingly or negligently causes another to be
p.(None): infected with HIV through unsafe or unsanitary practices or procedures contrary to the provisions of this
p.(None): Part, or of any guidelines prescribed hereunder, commits an offence.
p.(None): (2) Notwithstanding the provisions of any other written law for the time being in force, a court may, in addition to
p.(None): any penalty imposed on a person convicted under subsection (1)—
p.(None): (a) in the case of an institution, order the revocation of any business permit or licence in respect
p.(None): thereof; or
p.(None): (b) in the case of a natural person, order the revocation of licence to practice such person’s
p.(None): profession.
p.(None):
p.(None): PART IV –TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
p.(None):
p.(None): 13. Prohibition against compulsory testing
p.(None): (1) Subject to this Act, no person shall compel another to undergo an HIV test.
p.(None): (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV
p.(None): test as a precondition to, or for the continued enjoyment of—
p.(None): (a) employment;
p.(None): (b) marriage;
p.(None): (c) admission into any educational institution;
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
...
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
p.(None): persons with HIV or AIDS and those exposed to the risk of HIV infection.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines
p.(None): (1) The Minister for the time being responsible for matters relating to health may, in regulations, prescribe
p.(None): privacy guidelines, including the use of an identifying code, relating to the recording, collecting,
p.(None): storing and security of information, records or forms used in respect of HIV tests and related medical
p.(None): assessments.
p.(None): (2) No person shall record, collect, transmit or store records, information or forms in respect of HIV tests or
p.(None): related medical assessments of another person otherwise than in accordance with the privacy guidelines
p.(None): prescribed under this section.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 21. Confidentiality of records
p.(None): No person shall, in any records or forms used in relation to—
...
Social / education
Searching for indicator education:
(return to top)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): LAWS OF KENYA
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None):
p.(None): No. 14 of 2006
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Revised Edition 2012 [2006]
p.(None): Published by the National Council for Law Reporting with the Authority of the Attorney-General
p.(None): www.kenyalaw.org
p.(None):
p.(None):
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None):
p.(None): NO. 14 OF 2006
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Section
p.(None): 1. Short title.
p.(None): 2. Interpretation.
p.(None): ARRANGEMENT OF SECTIONS PART I – PRELIMINARY
p.(None): 3. Object and purpose of Act.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information.
p.(None): 5. HIV and AIDS education in institutions of learning.
p.(None): 6. HIV and AIDS education as a healthcare service.
p.(None): 7. HIV and AIDS education in the workplace.
p.(None): 8. HIV and AIDS information in communities.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue.
p.(None): 10. Testing of donated blood.
p.(None): 11. Guidelines on surgical and similar procedures.
p.(None): 12. Penalty for unsafe practices or procedures.
p.(None): PART IV – TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
p.(None): 13. Prohibition against compulsory testing.
p.(None): 14. Consent to HIV testing.
p.(None): 15. Provision of testing facilities.
p.(None): 16. Testing centres.
p.(None): 17. Pre-test and post-test counselling.
p.(None): 18. Results of HIV test.
p.(None): 19. Access to healthcare services.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines.
p.(None): 21. Confidentiality of records.
p.(None): 22. Disclosure of information.
p.(None): 23. Penalty for breach of confidentiality.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission.
p.(None): PART VII – THE HIV AND AIDS TRIBUNAL
p.(None): 25. Establishment of the Tribunal.
p.(None): 26. Jurisdiction of the Tribunal.
p.(None): 27. Powers of the Tribunal.
p.(None):
p.(None):
p.(None): 3 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
...
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 3. Object and purpose of Act
p.(None): The object and purpose of this Act is to—
p.(None): (a) promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS;
p.(None): (b) extend to every person suspected or known to be infected with HIV and AIDS full protection of his human rights
p.(None): and civil liberties by—
p.(None): (i) prohibiting compulsory HIV testing save as provided in this Act;
p.(None): (ii) guaranteeing the right to privacy of the individual;
p.(None): (iii) outlawing discrimination in all its forms and subtleties against persons with or persons perceived or
p.(None): suspected of having HIV and AIDS;
p.(None): (iv) ensuring the provision of basic healthcare and social services for persons infected with HIV and AIDS;
p.(None): (c) promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV
p.(None): transmission; and
p.(None): (d) positively address and seek to eradicate conditions that aggravate the spread of HIV infection.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information
p.(None): (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information
p.(None): campaign conducted by the Government through its various Ministries, Departments, authorities and other
p.(None): agencies.
p.(None):
p.(None):
p.(None): [Issue 1] 8
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The educational and information campaign referred to in subsection (1) shall—
p.(None): (a) employ scientifically proven approaches;
p.(None): (b) focus on the family as the basic social unit;
p.(None): (c) encourage testing of individuals; and
p.(None): (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other
p.(None): places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
p.(None): (3) In conducting the educational and information campaign referred to in this section, the Government shall
p.(None): collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups
p.(None): infected and affected by HIV and AIDS, including persons with disabilities.
p.(None): 5. HIV and AIDS education in institutions of learning
p.(None): (1) The Ministry responsible for education, utilizing official information provided by the Ministry,
p.(None): shall integrate instruction on the causes, modes of transmission and ways of preventing HIV and
p.(None): AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary,
p.(None): secondary and tertiary levels, including informal, non formal and indigenous learning systems:
p.(None): Provided that—
p.(None): (a) where the integration of HIV and AIDS education is not appropriate or feasible at any level, the Ministry
p.(None): responsible for education shall design modules of HIV and AIDS prevention and control;
p.(None): (b) such integration shall not be used for the sale or distribution of birth control devices;
p.(None): (c) the formulation and adoption of the appropriate course content, scope and methodology at each
p.(None): educational level shall be determined after consultation with the relevant stakeholders.
p.(None): (2) The Ministry responsible for education, in consultation with the Ministry, shall ensure that every teacher or
p.(None): instructor of an HIV and AIDS prevention and control course under this section is adequately trained and duly qualified
p.(None): to teach such course.
p.(None): 6. HIV and AIDS education as a healthcare service
p.(None): (1) HIV and AIDS education and information dissemination shall form part of the delivery of healthcare services by
p.(None): healthcare providers.
p.(None): (2) For the purposes of subsection (1), the Government shall ensure training of healthcare providers on proper
p.(None): information dissemination and education on HIV and AIDS, including post-exposure prophylaxis for
p.(None): prevention of transmission.
p.(None): (3) The training of healthcare providers under this section shall include education on HIV-related ethical
p.(None): issues such as confidentiality, informed consent and the duty to provide treatment.
p.(None):
p.(None):
p.(None): 9 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (4) The Minister for the time being responsible for matters relating to health shall, in collaboration with
p.(None): relevant stakeholders, provide guidelines for post exposure prophylaxis.
p.(None): 7. HIV and AIDS education in the workplace
p.(None): (1) The Government shall ensure the provision of basic information and instruction on HIV and AIDS prevention
p.(None): and control to—
p.(None): (a) employees of all Government Ministries, Departments, authorities and other agencies; and
p.(None): (b) employees of private and informal sectors.
p.(None): (2) The information provided under this section shall cover issues such as confidentiality in the
p.(None): work-place and attitudes towards infected employees and workers.
p.(None): 8. HIV and AIDS information in communities
p.(None): Every Local Authority, in collaboration with the Ministry, shall conduct an educational and information
p.(None): campaign on HIV and AIDS within its area of jurisdiction.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue
p.(None): (1) A person who offers to donate any tissue shall, immediately before such donation, undergo an HIV test.
p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
...
Searching for indicator educational:
(return to top)
p.(None): and civil liberties by—
p.(None): (i) prohibiting compulsory HIV testing save as provided in this Act;
p.(None): (ii) guaranteeing the right to privacy of the individual;
p.(None): (iii) outlawing discrimination in all its forms and subtleties against persons with or persons perceived or
p.(None): suspected of having HIV and AIDS;
p.(None): (iv) ensuring the provision of basic healthcare and social services for persons infected with HIV and AIDS;
p.(None): (c) promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV
p.(None): transmission; and
p.(None): (d) positively address and seek to eradicate conditions that aggravate the spread of HIV infection.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information
p.(None): (1) The Government shall promote public awareness about the causes, modes of transmission, consequences, means
p.(None): of prevention and control of HIV and AIDS through a comprehensive nationwide educational and information
p.(None): campaign conducted by the Government through its various Ministries, Departments, authorities and other
p.(None): agencies.
p.(None):
p.(None):
p.(None): [Issue 1] 8
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (2) The educational and information campaign referred to in subsection (1) shall—
p.(None): (a) employ scientifically proven approaches;
p.(None): (b) focus on the family as the basic social unit;
p.(None): (c) encourage testing of individuals; and
p.(None): (d) be carried out in schools and other institutions of learning, all prisons, remand homes and other
p.(None): places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya.
p.(None): (3) In conducting the educational and information campaign referred to in this section, the Government shall
p.(None): collaborate with relevant stakeholders to ensure the involvement and participation of individuals and groups
p.(None): infected and affected by HIV and AIDS, including persons with disabilities.
p.(None): 5. HIV and AIDS education in institutions of learning
p.(None): (1) The Ministry responsible for education, utilizing official information provided by the Ministry,
p.(None): shall integrate instruction on the causes, modes of transmission and ways of preventing HIV and
p.(None): AIDS and other sexually transmitted diseases in subjects taught in public and private schools at primary,
p.(None): secondary and tertiary levels, including informal, non formal and indigenous learning systems:
p.(None): Provided that—
p.(None): (a) where the integration of HIV and AIDS education is not appropriate or feasible at any level, the Ministry
p.(None): responsible for education shall design modules of HIV and AIDS prevention and control;
p.(None): (b) such integration shall not be used for the sale or distribution of birth control devices;
p.(None): (c) the formulation and adoption of the appropriate course content, scope and methodology at each
p.(None): educational level shall be determined after consultation with the relevant stakeholders.
p.(None): (2) The Ministry responsible for education, in consultation with the Ministry, shall ensure that every teacher or
p.(None): instructor of an HIV and AIDS prevention and control course under this section is adequately trained and duly qualified
p.(None): to teach such course.
p.(None): 6. HIV and AIDS education as a healthcare service
p.(None): (1) HIV and AIDS education and information dissemination shall form part of the delivery of healthcare services by
p.(None): healthcare providers.
p.(None): (2) For the purposes of subsection (1), the Government shall ensure training of healthcare providers on proper
p.(None): information dissemination and education on HIV and AIDS, including post-exposure prophylaxis for
p.(None): prevention of transmission.
p.(None): (3) The training of healthcare providers under this section shall include education on HIV-related ethical
p.(None): issues such as confidentiality, informed consent and the duty to provide treatment.
p.(None):
p.(None):
p.(None): 9 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (4) The Minister for the time being responsible for matters relating to health shall, in collaboration with
p.(None): relevant stakeholders, provide guidelines for post exposure prophylaxis.
p.(None): 7. HIV and AIDS education in the workplace
p.(None): (1) The Government shall ensure the provision of basic information and instruction on HIV and AIDS prevention
p.(None): and control to—
p.(None): (a) employees of all Government Ministries, Departments, authorities and other agencies; and
p.(None): (b) employees of private and informal sectors.
p.(None): (2) The information provided under this section shall cover issues such as confidentiality in the
p.(None): work-place and attitudes towards infected employees and workers.
p.(None): 8. HIV and AIDS information in communities
p.(None): Every Local Authority, in collaboration with the Ministry, shall conduct an educational and information
p.(None): campaign on HIV and AIDS within its area of jurisdiction.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue
p.(None): (1) A person who offers to donate any tissue shall, immediately before such donation, undergo an HIV test.
p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
p.(None): (3) Notwithstanding the provisions of subsections (1) and (2), the proposed recipient of donated tissue or his
p.(None): immediate relatives shall have the right to demand a second HIV test on such tissue before a transplant or other
p.(None): use of the tissue and such test shall, except in the case of emergencies, be carried out.
p.(None): 10. Testing of donated blood
p.(None): (1) All donated blood shall, as soon as reasonably practicable after donation, be subjected to an HIV test.
p.(None): (2) Any blood tested under subsection (1) which is found to be HIV positive shall be disposed of in accordance with
p.(None): the prescribed guidelines on the disposal of medical waste as soon as reasonably practicable after such result is
p.(None): obtained.
p.(None): 11. Guidelines on surgical and similar procedures
p.(None): (1) The Minister shall, in consultation with registered professional associations of healthcare
p.(None): providers, prescribe guidelines on—
...
p.(None): (4) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None):
p.(None): 12. Penalty for unsafe practices or procedures
p.(None): (1) A person who, in the course of his professional practice, knowingly or negligently causes another to be
p.(None): infected with HIV through unsafe or unsanitary practices or procedures contrary to the provisions of this
p.(None): Part, or of any guidelines prescribed hereunder, commits an offence.
p.(None): (2) Notwithstanding the provisions of any other written law for the time being in force, a court may, in addition to
p.(None): any penalty imposed on a person convicted under subsection (1)—
p.(None): (a) in the case of an institution, order the revocation of any business permit or licence in respect
p.(None): thereof; or
p.(None): (b) in the case of a natural person, order the revocation of licence to practice such person’s
p.(None): profession.
p.(None):
p.(None): PART IV –TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
p.(None):
p.(None): 13. Prohibition against compulsory testing
p.(None): (1) Subject to this Act, no person shall compel another to undergo an HIV test.
p.(None): (2) Without prejudice to the generality of subsection (1), no person shall compel another to undergo an HIV
p.(None): test as a precondition to, or for the continued enjoyment of—
p.(None): (a) employment;
p.(None): (b) marriage;
p.(None): (c) admission into any educational institution;
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
...
p.(None): (1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person
p.(None): in whose favour the damages or costs are awarded, issue to him a certificate stating the amount of the damages
p.(None): or costs.
p.(None): (2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose
p.(None): favour the damages or costs have been awarded and, upon being so filed, shall be deemed to be a decree of the High
p.(None): Court and may be executed as such.
p.(None):
p.(None): 30. Rules
p.(None): Except as otherwise provided in this Act, the Chief Justice may in consultation with the chairman of the Tribunal,
p.(None): and by Notice in the Gazette make rules governing the practice and procedure of the Tribunal having
p.(None): regard to the objectives of this Act.
p.(None):
p.(None): PART VIII – DISCRIMINATORY ACTS AND POLICIES
p.(None):
p.(None): 31. Discrimination in the workplace
p.(None): (1) Subject to subsection (2), no person shall be—
p.(None): (a) denied access to any employment for which he is qualified; or
p.(None): (b) transferred, denied promotion or have his employment terminated, on the grounds only of his actual, perceived
p.(None): or suspected HIV status.
p.(None): (2) Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that
p.(None): the requirements of the employment in question are that a person be in a particular state of health or medical or
p.(None): clinical condition.
p.(None):
p.(None): 32. Discrimination in schools
p.(None): No educational institution shall deny admission or expel, discipline, segregate, deny participation in any event or
p.(None): activity, or deny any benefits or services to a person on the grounds only of the person’s actual, perceived or
p.(None): suspected HIV status.
p.(None):
p.(None): 33. Restriction on travel and habitation
p.(None): (1) A person’s freedom of abode, lodging, or travel, within or outside Kenya, shall not be denied or restricted
p.(None): on the grounds only of the person’s actual, perceived or suspected HIV status.
p.(None): (2) No person shall be quarantined, placed in isolation, refused lawful entry or deported from Kenya on the
p.(None): grounds only of the person’s actual, perceived or suspected HIV status.
p.(None):
p.(None): 34. Inhibition from public service
p.(None): No person shall be denied the right to seek an elective or other public office on the grounds only of the person’s
p.(None): actual, perceived or suspected HIV status.
p.(None):
p.(None):
p.(None): 19 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 35. Exclusion from credit and insurance services
p.(None): (1) Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the
...
Social / employees
Searching for indicator employees:
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p.(None): healthcare providers.
p.(None): (2) For the purposes of subsection (1), the Government shall ensure training of healthcare providers on proper
p.(None): information dissemination and education on HIV and AIDS, including post-exposure prophylaxis for
p.(None): prevention of transmission.
p.(None): (3) The training of healthcare providers under this section shall include education on HIV-related ethical
p.(None): issues such as confidentiality, informed consent and the duty to provide treatment.
p.(None):
p.(None):
p.(None): 9 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (4) The Minister for the time being responsible for matters relating to health shall, in collaboration with
p.(None): relevant stakeholders, provide guidelines for post exposure prophylaxis.
p.(None): 7. HIV and AIDS education in the workplace
p.(None): (1) The Government shall ensure the provision of basic information and instruction on HIV and AIDS prevention
p.(None): and control to—
p.(None): (a) employees of all Government Ministries, Departments, authorities and other agencies; and
p.(None): (b) employees of private and informal sectors.
p.(None): (2) The information provided under this section shall cover issues such as confidentiality in the
p.(None): work-place and attitudes towards infected employees and workers.
p.(None): 8. HIV and AIDS information in communities
p.(None): Every Local Authority, in collaboration with the Ministry, shall conduct an educational and information
p.(None): campaign on HIV and AIDS within its area of jurisdiction.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue
p.(None): (1) A person who offers to donate any tissue shall, immediately before such donation, undergo an HIV test.
p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
p.(None): (3) Notwithstanding the provisions of subsections (1) and (2), the proposed recipient of donated tissue or his
p.(None): immediate relatives shall have the right to demand a second HIV test on such tissue before a transplant or other
p.(None): use of the tissue and such test shall, except in the case of emergencies, be carried out.
p.(None): 10. Testing of donated blood
p.(None): (1) All donated blood shall, as soon as reasonably practicable after donation, be subjected to an HIV test.
p.(None): (2) Any blood tested under subsection (1) which is found to be HIV positive shall be disposed of in accordance with
...
Social / parents
Searching for indicator parent:
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p.(None): identity but instead, an identifying number or symbol is used which allows the testing centre and the
p.(None): tested person to match the test results with the identifying number or symbol;
p.(None): “child” has the meaning assigned to it in the Children Act, 2001 (No. 8 of 2001);
p.(None): “compel” in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent,
p.(None): use of physical force, intimidation or any other form of compulsion;
p.(None): “consent” means consent given without any force, fraud or threat and with full knowledge and
p.(None): understanding of the medical and social consequences of the matter to which the consent relates;
p.(None): “guardian”, in relation to a child or a person with disability, means any person having custody of such
p.(None): child or person with disability by reason of the death, illness, absence or inability of the parent of such child or
p.(None): person, or for any other cause;
p.(None):
p.(None):
p.(None): 5 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): “health institution” means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or
p.(None): other institution, whether private or public, where healthcare services are rendered;
p.(None): “health maintenance organization” means a limited liability company established for the purpose of
p.(None): operating and managing healthcare funding and managed healthcare systems through membership
p.(None): administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services
p.(None): supported by a contracted healthcare service provider network of doctors, other healthcare professionals,
p.(None): and which, in addition, may offer ambulance or rescue services and undertake franchise
p.(None): arrangements in the management of health institutions;
p.(None): “healthcare provider” means—
p.(None): (a) a medical practitioner or dentist registered under the Medical Practitioners and Dentists Act
p.(None): (Cap. 253);
p.(None): (b) a pharmacist or a pharmaceutical technologist registered or enrolled under the Pharmacy and Poisons Act (Cap.
p.(None): 244);
p.(None): (c) a nurse registered and licensed under the Nurses Act (Cap. 257);
...
p.(None): test as a precondition to, or for the continued enjoyment of—
p.(None): (a) employment;
p.(None): (b) marriage;
p.(None): (c) admission into any educational institution;
p.(None): (d) entry into or travel out of the country; or
p.(None): (e) the provision of healthcare, insurance cover or any other service.
p.(None): (3) Notwithstanding the provisions of subsection (1), a person charged with an offence of a sexual nature under
p.(None): the Sexual Offences Act, 2006 (No. 3 of 2006) may be compelled to undergo an HIV test.
p.(None): (4) A person who contravenes any of the provisions of this section commits an offence.
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
p.(None): (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under
p.(None): section 9;
p.(None): (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in
p.(None): respect of such blood under section 10;
p.(None): (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test in respect of that
p.(None): person without the consent of the person if—
p.(None): (i) the person is unconscious and unable to give consent; and
p.(None): (ii) the medical practitioner reasonably believes that such a test is clinically necessary or desirable in the
p.(None): interest of that person.
p.(None): (3) Subject to section 17, a medical practitioner who undertakes an HIV test on a person under this section
...
p.(None): (4) The Minister shall, in regulations, prescribe—
p.(None): (a) the standards and the procedure for the approval of testing centres for the purposes of this Act;
p.(None): (b) the standards and the procedure for the approval of healthcare providers for the purposes of
p.(None): subsection (2);
p.(None): (c) guidelines for the provision of pre-test and post-test counselling services at such centres, including
p.(None): the standards and the procedure for approval of persons qualified to provide such services; and
p.(None): (d) guidelines for self testing.
p.(None): (5) A person who contravenes the provisions of this section or of any regulations made hereunder commits an
p.(None): offence.
p.(None): (6) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None): 17. Pre-test and post-test counselling
p.(None): (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any
p.(None): other person likely to be affected by the results of such test.
p.(None): (2) The Ministry responsible for matters relating to Health shall enhance the capacities of testing centres by
p.(None): ensuring the training of competent personnel to provide the services required by this Act to be provided at such
p.(None): centres.
p.(None): 18. Results of HIV test
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
p.(None): persons with HIV or AIDS and those exposed to the risk of HIV infection.
p.(None): PART V – CONFIDENTIALITY
p.(None): 20. Privacy guidelines
p.(None): (1) The Minister for the time being responsible for matters relating to health may, in regulations, prescribe
p.(None): privacy guidelines, including the use of an identifying code, relating to the recording, collecting,
p.(None): storing and security of information, records or forms used in respect of HIV tests and related medical
p.(None): assessments.
...
p.(None): (c) the laboratory testing for HIV or HIV antibodies; or
p.(None): (d) the notification to the medical practitioner of the result of the HIV test,
p.(None): include any information which directly or indirectly identifies the person to whom an HIV test relates, except in
p.(None): accordance with the privacy guidelines prescribed under section 20.
p.(None): 22. Disclosure of information
p.(None): (1) No person shall disclose any information concerning the result of an HIV test or any related assessments to any
p.(None): other person except—
p.(None): (a) with the written consent of that person;
p.(None):
p.(None):
p.(None): [Issue 1] 14
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
p.(None): (h) to a court where the information contained in medical records is directly relevant to the
p.(None): proceedings before the court or tribunal;
p.(None): (i) if the person to whom the information relates dies, to the Registrar of Births and Deaths pursuant to section
p.(None): 18 of the Births and Deaths Registration Act (Cap. 149); or
p.(None): (j) if authorized or required to do so under this Act or under any other written law.
p.(None): (2) Subsection (1) shall not apply to a disclosure of statistical or other information that could not
p.(None): reasonably be expected to lead to the identification of the person to whom it relates.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 23. Penalty for breach of confidentiality
p.(None): A person who contravenes any of the provisions of this Part or of any guidelines prescribed hereunder
p.(None): commits an offence.
p.(None): PART VI – TRANSMISSION OF HIV
p.(None): 24. Prevention of transmission
p.(None): (1) A person who is and is aware of being infected with HIV or is carrying and is aware of carrying the HIV virus
p.(None): shall—
p.(None): (a) take all reasonable measures and precautions to prevent the transmission of HIV to others; and
p.(None):
p.(None):
...
p.(None): any burial services on the grounds only of their said status.
p.(None):
p.(None): 38. Penalty for discriminatory acts and practices
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None):
p.(None): [Issue 1] 20
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): PART IX – RESEARCH
p.(None):
p.(None): 39. Requirements for research
p.(None): No person shall undertake HIV or AIDS related human biomedical research on another person, or on any tissue or blood
p.(None): removed from such person unless such research conforms to the requirements under the Science and Technology Act (Cap.
p.(None): 250) or any other written law for the time in force.
p.(None):
p.(None): 40. Consent to research
p.(None): (1) No person shall undertake HIV or AIDS related human biomedical research on another person or on any
p.(None): tissue or blood removed from such person except—
p.(None): (a) with the written informed consent of that other person; or
p.(None): (b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child.
p.(None): (2) The person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims,
p.(None): methods, anticipated benefits and the potential hazards and discomforts of the research.
p.(None):
p.(None): 41. Anonymous testing
p.(None): (1) Notwithstanding anything to the contrary in this Act, the Minister for the time being responsible for matters
p.(None): relating to health may prescribe guidelines under which anonymous testing for HIV may be carried out.
p.(None): (2) Any anonymous testing conducted pursuant to this section shall only be for the purposes of public health.
p.(None):
p.(None): 42. Penalty for unlawful research
p.(None): A person who contravenes any of the provisions of this Part commits an offence.
p.(None):
p.(None): PART X – MISCELLANEOUS PROVISIONS
p.(None):
p.(None): 43. General penalty
p.(None): A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment
p.(None): for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.
p.(None):
p.(None): 44. Cognizable offences
p.(None): All offences under this Act shall be cognizable to the police.
p.(None):
p.(None): 45. Regulations
p.(None): Subject to this Act, the Minister may make regulations—
p.(None): (a) for prescribing anything required by this Act to be prescribed; or
p.(None): (b) generally for the better carrying out of the objects of this Act.
p.(None):
p.(None):
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.(None):
p.(None):
p.(None): 11 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): 14. Consent to HIV testing
p.(None): (1) Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—
p.(None): (a) with the informed consent of that other person;
p.(None): (b) if that person is a child, with the written consent of a parent or legal guardian of the child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him
p.(None): or her at risk of contracting HIV may, in writing, directly consent to an HIV test;
p.(None): (c) if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a
p.(None): disability by reason of which he appears incapable of giving consent, with the consent of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person:
p.(None): Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i),
p.(None): (ii), (iii) and (iv) are either absent or are unwilling to give consent;
p.(None): (d) where the person is required to undergo an HIV test under the provisions of this Act or any other
p.(None): written law.
p.(None): (2) Notwithstanding the provisions of subsection (1)—
p.(None): (a) a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under
p.(None): section 9;
p.(None): (b) a person who offers to donate blood shall be deemed to have consented to the HIV test required in
p.(None): respect of such blood under section 10;
p.(None): (c) a medical practitioner responsible for the treatment of a person may undertake an HIV test in respect of that
...
p.(None): (5) A person who contravenes the provisions of this section or of any regulations made hereunder commits an
p.(None): offence.
p.(None): (6) In this section, “Minister” means the Minister for the time being responsible for matters
p.(None): relating to health.
p.(None): 17. Pre-test and post-test counselling
p.(None): (1) Every testing centre shall provide pre-test and post-test counselling to a person undergoing an HIV test and any
p.(None): other person likely to be affected by the results of such test.
p.(None): (2) The Ministry responsible for matters relating to Health shall enhance the capacities of testing centres by
p.(None): ensuring the training of competent personnel to provide the services required by this Act to be provided at such
p.(None): centres.
p.(None): 18. Results of HIV test
p.(None): The results of an HIV test shall be confidential and shall only be released—
p.(None): (a) to the tested person;
p.(None): (b) in the case of a child, to a parent or legal guardian of such child:
p.(None): Provided that where any such child consents to an HIV test directly under section 14(1)(b), the results thereof shall
p.(None): be released to the child; or
p.(None): (c) in the case of a person with a disability which, in the opinion of the medical practitioner undertaking the
p.(None): test, renders him incapable of comprehending such result to—
p.(None): (i) the guardian of that person;
p.(None):
p.(None):
p.(None): 13 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 19. Access to healthcare services
p.(None): (1) Every health institution, whether public or private, and every health management organization or medical
p.(None): insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on
p.(None): the basis of HIV status.
p.(None): (2) The Government shall, to the maximum of its available resources, take the steps necessary to ensure
p.(None): the access to essential healthcare services, including the access to essential medicines at affordable prices by
...
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (b) if that person has died, with the written consent of that person’s partner, personal
p.(None): representative, administrator or executor;
p.(None): (c) if that person is a child with the written consent of a parent or legal guardian of that child:
p.(None): Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts other
p.(None): persons at risk of contracting HIV may in writing directly consent to such disclosure;
p.(None): (d) if that person is unable to give written consent, with the oral consent of that person or with the written
p.(None): consent of the person with power of attorney for that person;
p.(None): (e) if, in the opinion of the medical practitioner who undertook the HIV test, that person has a disability
p.(None): by reason of which the person appears incapable of giving consent, with the written consent, in order,
p.(None): of—
p.(None): (i) a guardian of that person;
p.(None): (ii) a partner of that person;
p.(None): (iii) a parent of that person; or
p.(None): (iv) an adult offspring of that person;
p.(None): (f) to a person, being a person approved by the Minister under section 16, who is directly involved in the
p.(None): treatment or counselling of that person;
p.(None): (g) for the purpose of an epidemiological study or research authorized by the Minister;
p.(None): (h) to a court where the information contained in medical records is directly relevant to the
p.(None): proceedings before the court or tribunal;
p.(None): (i) if the person to whom the information relates dies, to the Registrar of Births and Deaths pursuant to section
p.(None): 18 of the Births and Deaths Registration Act (Cap. 149); or
p.(None): (j) if authorized or required to do so under this Act or under any other written law.
p.(None): (2) Subsection (1) shall not apply to a disclosure of statistical or other information that could not
p.(None): reasonably be expected to lead to the identification of the person to whom it relates.
p.(None): [Act No. 6 of 2009, Sch.]
p.(None):
p.(None): 23. Penalty for breach of confidentiality
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): LAWS OF KENYA
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None):
p.(None): No. 14 of 2006
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Revised Edition 2012 [2006]
p.(None): Published by the National Council for Law Reporting with the Authority of the Attorney-General
p.(None): www.kenyalaw.org
p.(None):
p.(None):
p.(None):
p.(None): [Rev. 2012] No. 14 of 2006
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None):
p.(None): NO. 14 OF 2006
p.(None):
p.(None): HIV AND AIDS PREVENTION AND CONTROL ACT
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Section
p.(None): 1. Short title.
p.(None): 2. Interpretation.
p.(None): ARRANGEMENT OF SECTIONS PART I – PRELIMINARY
p.(None): 3. Object and purpose of Act.
p.(None): PART II – HIV AND AIDS EDUCATION AND INFORMATION
p.(None): 4. HIV and AIDS education and information.
p.(None): 5. HIV and AIDS education in institutions of learning.
p.(None): 6. HIV and AIDS education as a healthcare service.
p.(None): 7. HIV and AIDS education in the workplace.
p.(None): 8. HIV and AIDS information in communities.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue.
p.(None): 10. Testing of donated blood.
p.(None): 11. Guidelines on surgical and similar procedures.
...
p.(None): issues such as confidentiality, informed consent and the duty to provide treatment.
p.(None):
p.(None):
p.(None): 9 [Issue 1]
p.(None):
p.(None): No. 14 of 2006 [Rev. 2012]
p.(None): HIV and AIDS Prevention and Control
p.(None):
p.(None): (4) The Minister for the time being responsible for matters relating to health shall, in collaboration with
p.(None): relevant stakeholders, provide guidelines for post exposure prophylaxis.
p.(None): 7. HIV and AIDS education in the workplace
p.(None): (1) The Government shall ensure the provision of basic information and instruction on HIV and AIDS prevention
p.(None): and control to—
p.(None): (a) employees of all Government Ministries, Departments, authorities and other agencies; and
p.(None): (b) employees of private and informal sectors.
p.(None): (2) The information provided under this section shall cover issues such as confidentiality in the
p.(None): work-place and attitudes towards infected employees and workers.
p.(None): 8. HIV and AIDS information in communities
p.(None): Every Local Authority, in collaboration with the Ministry, shall conduct an educational and information
p.(None): campaign on HIV and AIDS within its area of jurisdiction.
p.(None): PART III – SAFE PRACTICES AND PROCEDURES
p.(None): 9. Testing of donated tissue
p.(None): (1) A person who offers to donate any tissue shall, immediately before such donation, undergo an HIV test.
p.(None): (2) No health institution shall accept a donation of any tissue unless the donor thereof has undergone
p.(None): an HIV test pursuant to subsection (1) and the result thereof is negative.
p.(None): (3) Notwithstanding the provisions of subsections (1) and (2), the proposed recipient of donated tissue or his
p.(None): immediate relatives shall have the right to demand a second HIV test on such tissue before a transplant or other
p.(None): use of the tissue and such test shall, except in the case of emergencies, be carried out.
p.(None): 10. Testing of donated blood
p.(None): (1) All donated blood shall, as soon as reasonably practicable after donation, be subjected to an HIV test.
p.(None): (2) Any blood tested under subsection (1) which is found to be HIV positive shall be disposed of in accordance with
p.(None): the prescribed guidelines on the disposal of medical waste as soon as reasonably practicable after such result is
p.(None): obtained.
p.(None): 11. Guidelines on surgical and similar procedures
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| HIV | HIV/AIDS |
| access | Access to Social Goods |
| access to healthcare | access to healthcare |
| authority | Relationship to Authority |
| belief | Religion |
| cadavers | Cadavers |
| child | Child |
| children | Child |
| conviction | Religion |
| criminal | criminal |
| disability | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| educational | education |
| emergencies | patients in emergency situations |
| employees | employees |
| family | Motherhood/Family |
| home | Property Ownership |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| incapable | Mentally Incapacitated |
| indigenous | Indigenous |
| married | Marital Status |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| party | political affiliation |
| police | Police Officer |
| pregnant | Pregnant |
| restricted | Incarcerated |
| sexually transmitted | sexually transmitted disases |
| substance | Drug Usage |
| threat | Threat of Stigma |
| unconscious | Unconscious People |
| unlawful | Illegal Activity |
| women | Women |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| belief | ['conviction'] |
| child | ['children'] |
| children | ['child'] |
| conviction | ['belief'] |
| drug | ['substance'] |
| education | ['educational'] |
| educational | ['education'] |
| officer | ['police'] |
| police | ['officer'] |
| substance | ['drug'] |
Trigger Words
consent
harm
justice
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input