Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2009
LAWS OF KENYA
HIV AND AIDS PREVENTION AND CONTROL ACT
CAP. 246A
- Published in Kenya Gazette Vol. CIX—No. 4 on 12 January 2007
- Assented to on 30 December 2006
- There are multiple commencements
Provisions | Status |
---|---|
Part I (section 1–3); Part II (section 4–8); Part III (section 9–12); Part IV, section 13, section 15–17, section 19; Part V, section 20–21, section 23; Part VI (in part); Part VII (section 25–30); Part VIII (section 31–38); Part IX, section 40–42; Part X (section 43–46) | commenced on 30 March 2009 by Legal Notice 34 of 2009. |
Part IV, section 14, section 18; Part V, section 22; Part VI, section 24; Part IX, section 39 | commenced on 1 December 2010 by Legal Notice 180 of 2010. |
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2009 (Act No. 6 of 2009) on 23 July 2009]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the HIV and AIDS Prevention and Control Act.2. Interpretation
In this Act unless the context otherwise requires—"Acquired Immune Deficiency Syndrome (AlDS)" means a condition characterized by a combination of signs and symptoms, resulting from depletion of the immune system caused by infection with the Human Immuno-deficiency Virus (HIV);"anonymous testing" means an HIV testing procedure whereby the person being tested does not reveal his true identity but instead, an identifying number or symbol is used which allows the testing centre and the tested person to match the test results with the identifying number or symbol;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to HIV and AIDS and "Ministry" shall be construed accordingly;"child" has the meaning assigned to it in the Children Act (Cap. 141);"compel", in relation to HIV testing, refers to an HIV test imposed upon a person characterized by the lack of consent, use of physical force, intimidation or any other form of compulsion;"consent" means consent given without any force, fraud or threat and with full knowledge and understanding of the medical and social consequences of the matter to which the consent relates;"guardian", in relation to a child or a person with disability, means any person having custody of such child or person with disability by reason of the death, illness, absence or inability of the parent of such child or person, or for any other cause;"Health institution" means a hospital, nursing home, maternity home, health centre, dispensary, pharmacy or other institution, whether private or public, where healthcare services are rendered;"health maintenance organization" means a limited liability company established for the purpose of operating and managing healthcare funding and managed healthcare systems through membership administration schemes or pools, or healthcare benefits schemes, and which offers hospital and clinical services supported by a contracted healthcare service provider network of doctors, other healthcare professionals, and which, in addition, may offer ambulance or rescue services and undertake franchise arrangements in the management of health institutions;“healthcare provider” means—3. Object and purpose of Act
The object and purpose of this Act is to—Part II – HIV AND AIDS EDUCATION AND INFORMATION
4. HIV and AIDS education and information
5. HIV and AIDS education in institutions of learning
6. HIV and AIDS education as a healthcare service
7. HIV and AIDS education in the workplace
8. HIV and AIDS information in communities
Every local authority, in collaboration with the Ministry, shall conduct an educational and information campaign on HIV and AIDS within its area of jurisdiction.Part III – SAFE PRACTICES AND PROCEDURES
9. Testing of donated tissue
10. Testing of donated blood
11. Guidelines on surgical and similar procedures
12. Penalty for unsafe practices or procedures
Part IV – TESTING, SCREENING AND ACCESS TO HEALTHCARE SERVICES
13. Prohibition against compulsory testing
14. Consent to HIV testing
15. Provision of testing facilities
The Cabinet Secretary shall ensure that facilities for H1V testing are made available to persons who—16. Testing centres
17. Pre-test and post-test counseling
18. Results of HIV test
The results of an HIV test shall be confidential and shall only be released—19. Access to healthcare services
Part V – CONFIDENTIALITY
20. Privacy guidelines
21. Confidentiality of records
No person shall, in any records or forms used in relation to—22. Disclosure of information
23. Penalty for breach of confidentiality
A person who contravenes any of the provisions of this Part or of any guidelines prescribed hereunder commits an offence.Part VI – TRANSMISSION OF HIV
24. Prevention of transmission
Part VII – THE HIV AND AIDS TRIBUNAL
25. Establishment of the Tribunal
26. Jurisdiction of the Tribunal
27. Powers of the Tribunal
28. Disobedience of summons to give evidence, etc.
Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of account, statements, or other documents or required to answer interrogatories and who, without sufficient cause—29. Enforcement of orders for damages and costs
30. Rules
Except as otherwise provided in this Act, the Chief Justice may in consultation with the Chairperson of the Tribunal, and by Notice in the Gazette make rules governing the practice and procedure of the Tribunal having regard to the objectives of this Act.Part VIII – DISCRIMINATORY ACTS AND POLICIES
31. Discrimination in the workplace
32. Discrimination in schools
No educational institution shall deny admission or expel, discipline, segregate, deny participation in any event or activity, or deny any benefits or services to a person on the grounds only of the person's actual, perceived or suspected HIV status.33. Restriction on travel and habitation
34. Inhibition from public service
No person shall be denied the right to seek an elective or other public office on the grounds only of the person's actual, perceived or suspected HIV status.35. Exclusion from credit and insurance services
36. Discrimination in health institutions
No person shall be denied access to healthcare services in any health institution, or be charged a higher fee for any such services, on the grounds only of the person's actual, perceived or suspected HIV status.37. Denial of burial services
A deceased person who had AIDS, or was known, suspected or perceived to be HIV-positive shall not be denied access to any burial services on the grounds only of their said status.38. Penalty for discriminatory acts and practices
A person who contravenes any of the provisions of this Part commits an offence.Part IX – RESEARCH
39. Requirements for research
No person shall undertake HIV or AIDS related human biomedical research on another person, or on any tissue or blood removed from such person unless such research conforms to the requirements under the Science and Technology Act (Cap. 250) or any other written law for the time in force.40. Consent to research
41. Anonymous testing
42. Penalty for unlawful research
A person who contravenes any of the provisions of this Part commits an offence.Part X – MISCELLANEOUS PROVISIONS
43. General penalty
A person convicted of an offence under this Act for which no other penalty is provided shall be liable for imprisonment for a tenn not exceeding two years or to a fine not exceeding one hundred thousand shillings or to both.44. Cognizable offences
All offences under this Act shall be cognizable to the police.45. Regulations
Subject to this Act, the Cabinet Secretary may make regulations—46. Act to supersede other Acts
Where the provisions of this Act or any regulations made hereunder are inconsistent with the provisions of any other written law, the provision of this Act or of such regulations shall prevail.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
01 December 2010
23 July 2009
30 March 2009
Commenced by
HIV and AIDS Prevention and Control Act Commencement
12 January 2007
30 December 2006
Assented to
Cited documents 7
Act 7
1. | Evidence Act | 9449 citations |
2. | Sexual Offences Act | 6539 citations |
3. | Births and Deaths Registration Act | 68 citations |
4. | Medical Practitioners and Dentists Act | 64 citations |
5. | Pharmacy and Poisons Act | 40 citations |
6. | Medical Laboratory Technicians and Technologists Act | 26 citations |
7. | Nurses and Midwives Act | 17 citations |
Documents citing this one 79
Judgment 66
Gazette 8
Legal Notice 3
Bench Bulletin 2
1. | Bench Bulletin - Issue 13 | |
2. | Bench Bulletin - Issue 28 |
Subsidiary legislation
Title
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Date
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The HIV and Aids Tribunal Rules | Legal Notice 33 of 2022 | 31 December 2022 |