The High Court in Eldoret has ordered a suit filed by a man, who alleges to have been wrongfully diagnosed HIV positive, to be heard afresh at the magistrate's court.

The man alleged before the court that in 2005 he visited a facility in Eldoret where he was misdiagnosed and immediately placed on septrin treatment to prevent opportunistic infections.

The case, which was first filed in 2018 at the chief magistrate's court in Eldoret, had claimed that the act amounted to negligence and breach of duty of care required by a doctor to a patient.

He asked the court to order general damages, exemplary damages and costs of the suit.

The man told the court he was further directed to visit the facility every four months for a medical check-up and was on medication for 11 years.

He blamed the facility for negligence by not exhibiting the standard of care and skill required of a medical practitioner to a patient, hence coming up with the wrong diagnosis.

However, the facility denied liability and claimed that the man was treated for tuberculosis and was never put on HIV medication.

They further filed a preliminary objection stating that the court had no jurisdiction to hear and determine matters arising out of any breach of the HIV and AIDS Prevention and Control Act No. 14 of 2006.

The magistrate's court agreed with the facility and struck out the case on November 30, 2018.

In his appeal, the man told the High Court the act of negligence and breach of duty of care falls outside the jurisdiction of the said Act.

The facility maintained that the HIV and AIDS Tribunal had absolute jurisdiction over cases of medical negligence in the context of HIV testing, counselling, disclosure and treatment.

Justice Wananda Anuro held that the HIV and AIDS Tribunal does not have jurisdiction to deal with claims of negligence.

He said the claim before the court did not contain allegations that the testing was conducted compulsorily or that he never gave consent for the testing.

Justice Anuro ordered the suit be remitted back to another court other than the one which heard the first case.