Kenyan sues over 'HIV sacking'

The judge allowed the case to succeed because of the 'universality of the Aids pandemic'

A Kenyan woman, who says she was sacked for being HIV-positive, has won the right to sue for alleged discrimination - the first such case in Kenya.

A high court judge ruled on Thursday that there was a "reasonable cause of action" and the case could go ahead.

The waitress worked for a catering firm for eight years, before allegedly being dismissed due to her HIV status.

She also wants compensation from the doctor and the hospital which allegedly revealed her test result without her consent.

'Mould attitudes'

The woman, known as JAO, says her constitutional right to privacy has been violated, Kenya's Daily Nations newspaper reports.

Defence lawyers say the waitress was sacked not because of her HIV status, but because of prolonged absence from work.

The woman's employers say they were not informed about her medical report.

But Justice Murugi Mugo said the case should proceed given the "universality of the HIV/Aids pandemic".

Its outcome may mould attitudes and public policy and avoid "discriminatory tendencies", she said.