Family Impact Analysis of Section 6 (Sexual Transmission) of the Kenya HIV and AIDS Prevention and Control Act No. 14 of 2006

Abstract

We have analyzed the impact of Section 6 of The Kenya HIV and AIDS Prevention Act on Kenyan families and especially within marriage. In 2006 Kenya passed two bills into law: The Kenya HIV and AIDS Prevention Act and The Sexual Offences Act. The latter addresses sexual offenses including rape, incest and other acts of sexual violence and relates to the Prevention Act in that HIV infection may be transmitted during a sexual offense. Section 6 of the Prevention Act focuses on the sensitive issue of secondary and tertiary transmission of HIV. Although protection is accorded to individuals living with HIV, this section of the law places responsibility on this group to reduce infections among positive individuals as well as the spread of infection between spouses {when only one partner is positive} by criminalizing recklessness leading to HIV infection. By asking questions proposed in the family impact analysis such as, does the law enhance family stability, and commitment or does it acknowledge diverse family forms, interdependence and target vulnerable groups, the framework allows us to examine the impact of Section 6 of the law on families. Under the FIA framework, the ability of The Prevention Act to enhance family functions, promote wellbeing, marital stability, commitment and responsibility is considered while taking into account the contextual realities in Kenya.