On 4 February, 2015 a Community Health Worker (CHW), Peter (not his real name), who works at the clinic where she collects her medicine spotted her along Kanu Street allegedly in the company of some unknown male. The CHW immediately, called Stella’s sister, had her arrested and taken to Bondeni Police Station accusing her of willful intention to spread HIV because she was on a street within Nakuru town popularly known for having sex workers after dusk.
On 5 February, 2015 she was arraigned before the Nakuru County Court and charged with loitering on the streets for immoral purposes, contrary to the Nakuru County’s General Nuisance By-Laws, 2004, section 15(k) read together with section 24(1) which she pleaded guilty to.
The case was brought to the attention of KELIN by a partner organization after a Nakuru based online media company published the details surrounding her case. During the trial, Peter who had been counseling Stella at the facility testified and disclosed her HIV status. The necessity of this testimony is unclear for two reasons firstly, the fact that Stella was charged for loitering, and not for willfully spreading HIV, as provided by section 24 of the HIV& AIDS Prevention and Control Act, 2006 (HAPCA). Secondly, the procedure when an accused person enters a plea of guilty to a charge is no evidence is called therefore the testimony by Peter was not only unnecessary in terms of procedure but also irrelevant in terms of the charge.
KELIN stepped in during sentencing and mitigated on her behalf. The issues raised were: the relevance of the CHW’s evidence in a charge of loitering, to which she had pleaded guilty and the accused person`s tender age and her level of schooling. Stella was found guilty and a non-custodial sentence for six months was given. She is required to attend counseling at the Love and Hope Centre in Nakuru town. The Love and Hope Centre works in partnership KELIN on issues of HIV and human rights within Nakuru County.
As we celebrate International Women’s Day, this is one of the many challenges sex workers face and these forms of abuse are systematic, persistent and widespread throughout Kenya but only a few are reported. Stella`s case highlights the lack of respect for human rights particularly the blatant disregard for the rights to privacy of the accused and the need to respect confidentiality, dignity and privacy of Persons Living with HIV (PLHIV).
KELIN highlights Stella’s predicament , in the hope that similar cases are brought to light and the violations of the rights of women living with HIV are recognised and addressed in order to fight the stigma and discrimination associated with a positive HIV status. This case further highlights the need to review or challenge some of the punitive laws which hinder effective HIV interventions to all including key populations such as sex workers.
To contribute to the discussions on this case follow KELIN on our social media platforms:
Twitter: https://twitter.com/KELINKenya using hashtag #IWD2015
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