Kenyan HIV ruling hailed

Fear and ignorance can limit compassion for Aids victims

Kenyan newspapers have hailed as a landmark ruling the court decision to force a Kenyan man to take back his wife, after driving her from their home when he discovered she was HIV-positive.

Kenya's highest appeal court said that his callous action was not only traumatising for her, but it was dehumanising for her husband.

The woman, Olivia Akinyi has been living in servants' quarters at the house since her husband, Michael Midowa, threw her out.

The husband, whose HIV status is unknown, claimed that his wife now posed a threat to his life.

But the court ruled that the husband's decision was "morally wrong" and she must return to live in their Nairobi home immediately.

Correspondents say the move has been welcomed as a victory for women's rights.

The Daily Nation said the ruling upheld the constitution which outlaws discrimination.

"There is nothing as callous, as insensitive and as crude as a self-righteous human being dishing out judgment upon his fellows as though he were God," an editorial said.

Rare case

Kenya's press reported on Wednesday that the 36-year-old man had sued his wife for divorce after 10 years of marriage, on the grounds of cruelty.

He argued that her HIV status put his life in danger and he claimed assault, abuse and other matrimonial offences.

But the three Appeal Court judges rejected a lower court decision which allowed him to move his wife out of their home.

In their ruling, the judges said the original court judgement had ignored the medical condition of the wife and "smacks of insensitivity and total inconsideration of facts presented".

About 25 million people in Africa are estimated to be infected with the HIV virus that can lead to Aids.