Kenya: 47-year-old farmer charged with alleged HIV transmission

Prosecution

"Nairobi Man In Court for Knowingly Infecting Woman With HIV"

February 15, 2024
Source: Tuko

A man was arraigned for allegedly knowingly infecting a lady with the Human Immunodeficiency Virus He is accused of committing the offence between October 5, 2022 and June 30, 2023, within Nairobi county If found guilty, the accused is liable for a sentence of 15 years that could be heightened to life in prison.

A 47-year-old farmer has today been arraigned for deliberately infecting a woman with the Human Immunodeficiency Virus (HIV).

The man, identified by his initials, T.C.K., was presented before Milimani Chief Magistrate Bernard Ochoi to take the plea. However, he did not take the plea after the Director of Public Prosecutions (DPP) requested the matter be conducted in camera due to the sensitivity of the charges.

Senior assistant DPP James Gachoka said the need to protect the victim warranted the privacy terms he requested.

According to a charge sheet seen by TUKO.co.ke, the prosecution alleged that the accused committed the offences on diverse dates between October 5, 2022, and June 30, 2023, within Nairobi county.

“T.K.C., having actual knowledge that he was infected with HIV disease intentionally, knowingly, and wilfully, had unprotected sexual intercourse with Z.K.W, knowing that the act was likely to infect her with the virus,” read the charge sheet.

The accused is set to face the charge of deliberate transmission of HIV, contrary to Section 26(1)(b) of the Sexual Offenses Act of 2006.

The court directed that he be remanded in police custody, after which he will appear on Tuesday, February 20.

According to the Sexual Offenses Act of 2006, the criminal transmission of HIV is the deliberate or reckless infection of a person with the virus.

The law stipulates that a person living with HIV who knowingly and recklessly places another person at risk of becoming HIV-infected commits an offence that, upon conviction, can attract a jail term of not less than 15 years, which can be heightened to life.

In August 2023, a Kenyan who revealed their friend’s HIV status in a political WhatsApp group was fined KSh 850,000 for humiliating them in public.