The Employment and Labour Relations Court in Eldoret has ruled that the Kenya Defence Forces (KDF) violated the constitutional rights of an HIV-positive applicant whose recruitment was revoked on medical grounds, issuing far-reaching orders compelling the military to reform its policies.

In a judgment delivered on July 10, 2025, Justice Maureen Onyango held that the petitioner, identified as PKJ, had completed preliminary recruitment stages but was excluded solely due to his HIV status.

The court stated that “the Petitioner herein had not yet been employed by the 2nd Respondent, although he had already qualified for recruitment, but for his medical condition.”

Although the petitioner sought reinstatement, the court ruled that no employment relationship had been formalised.

However, it directed that he be allowed into the next recruitment cycle without repeating the completed stages, unless valid reasons emerge.

The judge noted that “reinstatement is not available, as no employment relationship had been perfected.”

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Court Declares KDF Violated Constitutional Rights

Justice Onyango declared that the Ministry of Defence and the KDF leadership breached Articles 27, 28, 29, 41 and 47 of the Constitution, which safeguard equality, dignity, freedom from discrimination, fair labour practices and fair administrative action.

She added that testimony by a defence witness confirmed discriminatory practice, stating that “Kenya Defence Forces does not recruit persons living with HIV.”

The ruling builds on an earlier HIV and AIDS Tribunal judgment, PRJ v KDF (Tribunal Case 048 of 2022), which declared that KDF is subject to the HIV & AIDS Prevention and Control Act and must reform its procedures.

In that decision, the Tribunal directed KDF to “review and update its regulations, informed by scientific developments in HIV treatment and management.”

Mandatory Orders and Strict Timelines Issued

In compliance with both the Constitution and statutory provisions, the court issued structural interdicts directing the Defence Ministry and KDF to publish a compliant recruitment and retention policy for HIV-positive applicants within 90 days.

They must also report back to the court within 120 days, confirming full compliance.

The judge declined to award further compensation, noting the petitioner had already been awarded damages by the HIV and AIDS Tribunal in 2024.

Each party was ordered to bear its own costs.

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Public Reaction Highlights Wider Concerns

The ruling triggered debate online, including revelations of similar disqualification patterns in other state agencies.

Commenting on the case, X user @JamesKWaNjeri wrote that “KDF also revokes your recruitment if you are HIV+. They admitted that in court. They also did the same to KRA recruits for the revenue assistant role. We have to ensure no healthy HIV+ person is denied a job owing to their status.”

Other commentators highlighted broader recruitment challenges, including drug tests and lifestyle issues affecting youth hoping to join disciplined forces.

Lawyer Phannie Kwegah recounted recent experiences from the ongoing KDF recruitment, stating that “about 1,500 recruits were sent home after failing drug tests.”

Her post described tattoos, cannabis-laced edibles and shifting youth culture as complicating factors, stating that, “This generation is swimming in weed culture. Parents, let’s stop living in denial. We need honest conversations, early guidance, and real vigilance.”

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Police Recruitment Exercise at Past Session. PHOTO/MoD