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Man sues former boss for HIV related sacking

A man has sued his former employer and a doctor for conspiring to sack him  24 years ago.

They claimed he was HIV positive.

Mr Benjamin Kithingii, 60, formerly a messenger claimed Komatsu Ltd’s general manager Ikuo Shionoya colluded with Dr J D Patel to have his medical test reflect HIV positive.

This was days after he developed a cold and went to see Dr Patel at his clinic.

Mr Kithingii said his boss called him to his office on April 16, 1990 and broke the news that he had the virus.

“He told me I was dying and that he had a report from doctor J.D Patel that my life was in danger and could collapse and die any time because I was HIV positive,” said Mr Kithingii.

He added that the report recommended his sacking on medical grounds.

The former messenger, however, sought a second opinion from the Mater Hospital on May 24, 1990 and the test came back negative.

Mr Kithingii claimed that when he went back to his employer with the results, he would hear none of it and insisted that Dr Patel’s results were correct.

Malicious

He said he was a model employee before being sent home and the company never complained about his conduct.

Dr Patel however said that contrary to the allegations, he did not cause the privileged information between him and Mr Kithingii to be known by a third party.

“The medical report was not malicious and Mr Kithingii did indeed test positive for HIV,” said Dr Patel.

Mr Kithingii said he had suffered mental anguish, social isolation and his family members were not happy.

Hearing continues on April 29.