Recent years have seen the creation, particularly in parts of Africa, Asia, Latin America, and the Caribbean, of HIV-specific laws that criminalize HIV transmission and exposure. At the same time, particularly in Europe and North America, existing criminal laws are increasinglybeing used to
prosecute people for transmitting HIV or exposing others to HIV infection.

This is the Kenyan Constitution as of July 6, 2010. The vote for constitutional reform took place on August 4, 2010.

In this article we highlight the marriage statutes in Kenya and outline their basic requirements for a person to ‘qualify’ to marry. Section 8 of the Marriage Act states that whenever any persons desires to marry, one of the parties to the intended marriage shall sign and give to the registrar a notice of intention to marry.

The ninth Kenyan parliament enacted the HIV/AIDS Prevention and Control Act, No.14 of 2006. Over two years after the act was passed by parliament and assented to by the the president and after a litigation commenced by the AIDS Law Project (ALP) to compel the minister to perform her duty as required by the law. The purpose of the simplification of this act is to make it easily readable, understandable and palatable to people who do not profess to any legal training.

The UNAIDS Protocol is aimed at National AIDS Programmes, but it is not just for them. It may also be used by others – interested organizations, groups or persons, including those living with or affected by HIV/AIDS – in order to detect arbitrary discrimination. Indeed, a broader range of users will help in making the Protocol a more effective human rights tool.

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;