Man forced to take HIV test by US firm seeks pay out

By WILFRED AYAGA

An American company has challenged the jurisdiction of Kenyan law to determine a suit filed by a worker who was subjected to mandatory HIV testing while working in Afghanistan.

The company, DynCorp International, has moved to court claiming that a suit filed by Japhet Kelvin Mtwana can only be heard under the laws of Virginia, United States, where the global recruitment company is registered.

Mtwana has sued the company for compelling him to take the medical test, and subsequently being fired when it turned positive. A statement of claim filed by the complainant before the HIV and Aids Tribunal states that he was subjected to the test by the Canadian Specialist Hospital in Dubai under the instructions of Dynacorp. He faults the company for terminating his contract upon receipt of the results.

“Immediately the results were given, I was bundled onto the next plane to Kenya,” Mtwana said. At the time, Mtwana had been hired as a Billeting Lead.

Although his Dubai HIV tests were positive, he says five subsequent tests at Kenyan hospitals were negative.

His duties included overseeing living quarters for clients.