Kenya: Nairobi prosecution underway in case involving alleged HIV transmission

Charged

Nairobi man charged with wilfully infecting wife with HIV, refused to use protection

October 10, 2025
Source: TNX

What was once considered an ideal young couple within their neighbourhood is now on the brink of collapse, following serious allegations levelled against the husband.

This comes after the woman discovered that she had contracted HIV, allegedly from her husband, who had previously refused to use protection.

James Mark (not his real name) was arraigned before Makadara Chief Magistrate Beatrice Kimemia, where he pleaded not guilty to the charge of knowingly transmitting HIV—an offence under the Sexual Offences Act of 2006.

In a separate count, Mark was charged with assaulting the complainant and causing her bodily harm during a domestic altercation at their home in the Huruma area, Mathare Sub-county.

Mark is accused of failing to disclose his status to his partner and deliberately exposing her to the virus.

It is alleged that despite being aware of his HIV-positive status, Mark failed to disclose this to his partner and deliberately exposed her to the virus. The complainant told investigators that he routinely avoided discussions about HIV testing whenever she brought up the subject.

Despite disputes, the couple remained together and eventually had a child.

Following the birth of their baby, the complainant began experiencing painful rashes under her armpits. When she shared her concerns with Mark, he allegedly dismissed them and promised to buy her herbal remedies, saying he had similar symptoms.

Unable to bear the discomfort, the woman sought medical attention, where she was advised to return for further testing accompanied by her husband. However, Mark reportedly became aggressive and assaulted her after learning that the doctor had recommended his presence.

The complainant reported the matter at Huruma Police Station, and investigations were launched under OB number 24/28/8/2025. The suspect was later traced and arrested.

He was released on a cash bail of Sh50,000.

The case will be mentioned on October 23, with the hearing scheduled to begin on February 25, 2026.