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Court records show that on July 18, 2016, Wataka voluntarily underwent an HIV test at the Jinja branch of The AIDS Support Organization (TASO)
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JINJA
The High Court in Jinja has awarded UGX 190 million in damages to Wataka John after finding that he was wrongly diagnosed as HIV positive and placed on antiretroviral therapy for seven years.
In a judgment delivered on February 18, 2026, Justice Joanita Bushara ruled in favour of Wataka, holding that the erroneous HIV test results and subsequent treatment caused him significant psychological, social, and economic harm. The court also awarded him costs of the suit.
Background
Court records show that on July 18, 2016, Wataka voluntarily underwent an HIV test at the Jinja branch of The AIDS Support Organization (TASO). He was informed that he was HIV positive and was shortly thereafter initiated on antiretroviral therapy (ARVs), which he was told he would take for the rest of his life.
Wataka adhered to the treatment regimen consistently for seven years.
However, in 2022, he applied to access his savings under the invalidity benefit clause at National Social Security Fund (NSSF), citing his status as a person living with HIV. As part of standard procedure, he underwent a fresh HIV test conducted by the Fund’s doctor. The results indicated that he was HIV negative, rendering him ineligible for benefits under that category. Shocked by the outcome, Wataka reported back to TASO Jinja for clarification.
Confirmation of Negative Status
In a letter dated January 23, 2023, TASO confirmed that Wataka was indeed HIV negative, despite having been on ARVs since 2016. During the period he believed he was HIV positive, Wataka reportedly experienced severe side effects from the medication, which he says affected his performance at work. He lost his job as an askari (security guard) and his marriage also broke down, developments he attributed to the diagnosis and prolonged treatment.
Court Findings
In her ruling, Justice Bushara found that the misdiagnosis and long-term administration of ARVs amounted to negligence and caused the plaintiff measurable harm. The court awarded UGX 190 million in general damages, in addition to costs of the suit.
Legal analysts say the ruling underscores the critical importance of strict adherence to HIV testing protocols, confirmatory testing procedures, and quality assurance mechanisms in medical practice.
Wider Implications
The case has reignited debate about accountability within health institutions, particularly in the management of life-altering diagnoses such as HIV.
Medical experts note that national and international guidelines require confirmatory testing before initiating lifelong antiretroviral therapy. Errors in such processes can have profound medical, psychological, and social consequences.
For Wataka, the judgment represents both financial compensation and public vindication after seven years of living under what the court has now recognised as a wrongful diagnosis. The decision is expected to prompt heightened scrutiny of diagnostic procedures and patient communication protocols within HIV service delivery institutions across the country.
Torch Media Africa
