ALL CASES 2017

NAIROBI

PETITION 401 OF 2017; FEDERATION OF WOMEN LAWYERS IN KENYA VS THE SPEAKER THE NATIONAL ASSEMBLY AND 3 OTHERS (2/3 gender rule).

FIDA Kenya in following up on the 2/3rd gender rule on 16th August 2017 filed a suit against the Speaker of the National Assembly seeking a declaration the current Parliament has failed to meet the 2/3rd principle and is thus, an unconstitutional parliament. FIDA is also seeking an Order of Mandamus requiring the Speaker to present a list of nominees in numbers sufficient to bring the Parliament in Conformity with the Constitution.

The matter is coming up for mention on 11th December 2017 for confirmation of filing of submission and further directions by Court.

MACHAKOS PETITION NO. 8 OF 2017: DR. TATU KAMAU VS. THE HON. ATTORNEY GENERAL AND ANTI-FEMALE GENITAL MUTILATION BOARD

The petition was filed on the 24th of July, 2017. The Petitioner’s main contention is that female circumcision ought not to be prohibited since it forms part of culture. Also, she contends that the ANTI-FEMALE GENITAL MUTILATION BOARD is not legally constituted.

FIDA –Kenya filed an application to be enjoined in the matter as an interested party. The matter is now coming up for ruling on the 17th of January, 2018.

NAIROBI PETITION NO. 67 OF 2017: FEDERATION OF WOMEN LAWYERS IN KENYA VS THE NATIONAL UNION OF NURSES& 5 OTHERS

FIDA Kenya filed a suit against KNUN and 5 others seeking a solution during the Nurses’ strike in July 2017. In this suit FIDA Kenya seeks a declaration that health services are essential services and that strikes in this sector ought to be regulated.

The case was heard on 11th October 2017 and is coming up for judgment on 8th December 2017.

KISUMU

KAKAMEGA H.C C.P. No. 3 of 2014

FIDA KENYA & ANO. VS- AG & ANOTHER

This is a matter against the Registrar of Birth Certificates on the discrimination of children born to single mothers during issuing of birth certificates. The matter was mentioned on 14th June 2016 when the Court directed that parties file written submissions. Further mention will be on 28th July, 2016 to confirm compliance. Apart from the requirement of the father’s National Identification Card to include him in the Birth Certificate which was addressed by Hon. Mumbi Ngugi, we were challenging the provisions of Sec.24 (3) of the Children’s Act in relation to the acquisition of parental responsibility by the father of a child where the mother is burdened with parental responsibility until the father opts to acquire the same as provided for under Sec. 25 of the said Act. This goes against the Constitution on the equality in parental responsibility.

The matter was mentioned on 18th October 2017 but the judge was not sitting. Next mention date is 8th December 2017.

KISUMU CONSTITUTIONAL REF No. 11 of 2012

FIDA KENYA & ANO. VS- AG & ANOTHER

The judgment on this case failed to consider the plight of widows and give orders that advance women’s rights to property inheritance as provided for under the Constitution of Kenya 2010. The Petitioners were seeking among other orders declaration that the practice of widow eviction and various sections of the Law of Succession Act (LOS Act) CAP 160 as unconstitutional. The judge in overlooking the evidence held that the 1st Petitioner was not affected by referred sections of the LOS Act and on matters touching on constitutionality of certain provisions of the Law of Succession Act; an Advisory Opinion under Article 163 (6) of the Constitution would be the right procedure. The judge further held that no sufficient evidence was given to show that the 1st Petitioner attempt to succeed her late husband’s estate was denied. No orders were made relating to the general practice of widow eviction and six other prayers sought aimed at protecting the rights of widows in Kenya.

The record of Appeal was filed in the month of September. The Court of Appeal is yet to give a date for mention. This is because priority was given to Election petitions.

MOMBASA

MALINDI PETITION 10 OF 2014; FEDERATION OF WOMEN LAWYERS IN KENYA & 4 OTHERS VS THE ATTORNEY GENERAL, INSPECTOR GENERAL OF POLICE AND NATIONAL LAND COMMISSION

FIDA Kenya is litigating on the Constitutional and Human Rights violations during the Tana River clashes between 9th July, 2012 and 10th January, 2013 when several lives were lost, property destroyed, homes destroyed and vandalized and several people were displaced hence rendered them homeless. The Petitioners are seeking several remedies including declarations as to the failure of the state to protect lives and property, an order for compensation for the affected, an award for general and special damages for pain and suffering, an order requiring that the Judicial Commission of Inquiry Report be made public, an order for establishment of Police Stations within a radius of 20 Kilometers or any other reasonable boundary under the current administrative boundary marks, reparation rights and NLC to carry out its mandate to deal with the land historical injustices.

This matter was scheduled for further hearing on 24th November, 2017 but the same did not proceed because the Judge who was scheduled to hear the matter was engaged in an election petition. Another date shall be fixed at the registry in the New Year.