Why Nakuru Pastor could  land in prison for demanding medical tests

The story of  the Nakuru Pastor who called off a wedding after demanding for 3 HIV tests; has attracted a lot of reactions from Kenyans with many raising concern over his suspicious actions.

Kenyans have been shocked by his move with some saying that where he belongs is in prison and not on the pulpit.

One Kenyan who argued it from a legal point of view and explained how his actions violated the law and could have him serve two years in prison.

In a long post, he also explained that demanding medical tests for continued enjoyment of travel, marriage and employment among others is against the law according to  the HIV and AIDS Prevention and Control Act, 2006.

Some have demanded that the pastor should be deregistered  as a marriage minister.

Have a look at his post..

“I have been trying to come to terms with the facts surrounding a recent story doing rounds about a meticulously planned wedding that never was, this was after a ‘rogue’ pastor blatantly refused to officiate the same and cancelled it at the last minute because the couple had failed to meet church conditions.

The couple and their parents were left outraged and the guests dumbfounded at the turn of events, however the guests still queued to be served with food [chakula isiharibike]

Apparently, most churches require couples to undergo pregnancy and HIV tests before they are joined in holy matrimony. The couple is said to have returned to the church at noon with the results. However, the preacher kept them waiting for another two hours then demanded that they go for another test. This time, he specified the particular hospital he wanted the test done… [Jeesoos!!!]

Speaking during a Sunday service yesterday, the pastor, without giving details, said the couple did not meet the standards set out by the church for him to officiate at their wedding. “Our church has set standards that must be met as far as birth, marriage and burial are concerned. The standards are not subject to discussion.” [Hallelujah!!]

I can only explain my standpoint from a legal point of view. It is unlawful for any person to compel another to undergo a HIV test as a precondition of marriage -The offence attracts a penalty of 2years imprisonment period. Whether it’s a church standard or not.

The HIV and AIDS Prevention and Control Act, 2006 prohibits against compulsory testing as a per-condition to, or for the continued enjoyment of-(a) employment ;(b) marriage;(c) admission into any educational institution; (d) entry into or travel out of the country; or (e) the provision of healthcare, insurance cover or any other service. It further states that a person who contravenes any of the provisions of this section commits an offence and may be liable for imprisonment for a term not exceeding two years or a fine not exceeding one hundred thousand or both.

That pastor belongs not in the Pulpit but in prison. As my learned friend and senior Kipkorir Donald put it, ‘Apostle Jesse Kamau of Mizpah House of Prayer, Nakuru who refused to wed Joyce Waithera & Paul Waithaka demanding multiple medical tests should be deregistered by Attorney General as a Marriage Minister & also defrocked. No Marriage Minister has a right to demand medical tests.’

That So called Apostle is a fraud! Wedding is a spiritual process and has nothing to do with one’s medical or physical status.

Have a great day All.

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