Jobseekers ‘forced’ to take HIV tests

A HIV patient consumes antiretroviral drugs. A tribunal has raised the alarm over what it says are increasing cases of employers forcing job seekers to take an HIV tests. FILE PHOTO

What you need to know:

  • The tribunal was established under the HIV and Aids Prevention and Control Act and has powers to hear complaints arising from any breach of the Act.

A tribunal has raised the alarm over what it says are increasing cases of employers forcing job seekers to take an HIV tests.

The HIV and Aids Tribunal Thursday said that forced tests were against the law.

Chairman Jotham Arwa said a majority of the cases they are handling touch on forced tests.

“Cases of employers who force prospective employees to take HIV tests form the bulk of petitions that we are receiving,” said Mr Arwa.

He spoke after a two-day forum in Kisumu where the tribunal explained its five-year strategic plan of 2013-2017.

Mr Arwa also accused insurance companies of shortchanging Aids patients.

He said the insurers had refused to settle bills for people with HIV.

“Other cases we receive are of some insurance companies restricting claims for people with HIV on grounds that it is a pre-existing medical condition,” said Mr Arwa.

He added that other insurance companies were giving the patients policies that do not necessarily cover them.

The tribunal was established under the HIV and Aids Prevention and Control Act and has powers to hear complaints arising from any breach of the Act.

Its jurisdiction, however, does not include criminal offences. The tribunal is headed by a practising lawyer of not less than seven years of practice.