What usually happens
Pregnancy and HIV status are still discussed casually at school gates and in clinic queues. Naming that as a breach of Article 31, in writing, is what makes an office respond.
The law that protects you
- Constitution, Art. 31
- Everyone has a right to privacy, including over their health information, family and correspondence.
- Constitution, Arts. 28 and 10
- Everyone has inherent dignity, and the right to have that dignity respected and protected.
- Children Act, 2022
- A child's privacy must be protected, including in court proceedings and in the media.
- Bribery Act, 2016
- Public officials may not demand or accept a bribe for a service you are entitled to.
What you can do
- 1.
You can ask that your information is not shared with anyone you have not named.
- 2.
If a school announces your pregnancy to other learners, or a clinic discusses your file in public, that is a breach of privacy.
- 3.
For any refusal or demand for payment, ask for the officer's name and the reason in writing.
- 4.
Report bribery to the Ethics and Anti-Corruption Commission, and privacy breaches to the Office of the Data Protection Commissioner.
If you are refused
Being shouted at, discussed in the corridor, or told you are 'just a child' is not a lawful reason to refuse a service. Ask for the in-charge, put your complaint in writing, and copy it to the county office and the Kenya National Commission on Human Rights.