Kisumu, Kenya – A sensitisation forum on the HIV and AIDS Prevention and Control Act (HAPCA) 2006 was held today at Tom Mboya Labour College in Kisumu, bringing together key stakeholders to raise awareness of the legal protections available to people living with HIV.
“The event aimed to enhance public understanding of the HIV and AIDS Tribunal and its processes, amid ongoing concerns about stigma, discrimination, and low awareness of existing laws.”
The meeting, attended by over 50 representatives, was organised by the National Syndemic Diseases Control Council (NSDCC)-Kisumu.
They were drawn from community-based organisations affiliated with the National Empowerment Network of People living with HIV/AIDS in Kenya (NEPHAK) in Kisumu County.
Participants were sensitised on the role and jurisdiction of the HIV and AIDS Tribunal, a quasi-judicial body established under Section 25 of the HIV and AIDS Prevention and Control Act of 2006.
The Tribunal is mandated to provide civil remedies in cases involving violations of the rights of people living with HIV.
It operates under Articles 159(1) and 169(1) of the Constitution of Kenya, 2010, and remains the only HIV-specific statutory body in the world with the authority to adjudicate such cases.
The tribunal’s Chief Executive Officer(CEO), Annerita Murungi, and her team delivered opening remarks and explained the Tribunal’s operations.
“They emphasised that the Tribunal is designed to be accessible, free of charge, and confidential. Cases are handled in private sessions, and hearings are conducted in camera to protect complainants’ identities.”
The tribunal also provides pro bono legal representation, offers teleconference hearings, and accepts oral or written submissions to ensure inclusivity and flexibility.
The HIV and AIDS Tribunal has its main office in Nairobi at the Kenya Re Plaza.
Devolved Regional Registries
To enhance accessibility and align with the Judiciary’s transformation agenda, it has also established regional registries in Mombasa, Kakamega, Eldoret, Nyeri, Meru, Embu, Homabay, and Kisumu.
While the Nairobi office handles complaints and conducts hearings, the regional registries bring services closer to the people and serve as key contact points for filing and follow-up cases.
Despite these provisions, the Tribunal remains underutilised in Western Kenya.
Stakeholders cited widespread gaps in public knowledge of the law, challenges around the burden of proof in HIV related civil cases, and fears of confidentiality breaches in healthcare settings.
Concerns were also raised about the sensitivity of cases involving children born with HIV and the importance of a compassionate legal approach when addressing such matters.
The forum also featured discussions on the Tribunal’s procedures, including e-filing of cases, pretrial sessions, hearings, judgment delivery, and the enforcement of court decrees.
Structured Outreach Programs
Participants expressed the urgent need for structured outreach programs to improve legal literacy, especially among women, adolescents, people with disabilities, and grassroots organisations.
“They called for increased community dialogues and targeted legal education to bridge the gap between policy and practice.”
The event concluded with strong calls for collaboration among the HIV and AIDS Tribunal, civil society groups, and public health officials.
Attendees stressed the importance of sustained legal education and community empowerment in ensuring that people living with HIV can access justice without fear of stigma or discrimination.
The HIV and AIDS Tribunal remains committed to its core objectives: fighting HIV-related stigma and discrimination and safeguarding the rights of people living with or affected by HIV.
For more information or to file a complaint, individuals are encouraged to contact the Tribunal via email at hivtr@court.go.ke.
The writer is the Vice Chairman of the Board of the Network of TB Champions in Kenya
