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 globalย recruitment companyย 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 theย HIV and Aidsย Tribunalย states thatย he was subjected toย the testย by the Canadian Specialist Hospital in Dubai under theย instructionsย of Dynacorp. He faults the company for terminating his contract upon receipt of the results.
โImmediately the results were given, I was bundled onto the nextplaneย to Kenya,โ 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.
–ย The Standard