Criminal Transmission of HIV

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In Kenya, the intentional or reckless infection of a person with HIV is considered criminal liable.

The Sexual Offences Act states that any person who, having actual knowledge that he or she is infected with HIV or any other life threatening sexually transmitted diseases (STD) intentionally, does anything which he/ she knows:

  • Will infect another person with HIV or any other life threatening STD;
  • Is likely to lead to another person being infected with HIV or any other life threatening STD;
  • Will infect the person with any other STD;

Shall be guilty of an offence, whether or not he or she is married to that other person, and shall be liable upon conviction to imprisonment for a term of not less than 15 years, which may be extended to life.

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