Frequently Asked Questions
Where does the name FIDA come from?
FIDA is a Spanish acronym for International Federation of Women Lawyers, that is, Federation International De Abogadas (FIDA). At its inception FIDA Kenya was affiliated to the International Federation of Women Lawyers.
Does FIDA Kenya help women only?
No, FIDA Kenya does offer legal aid to women only but also offers advice, family counseling, family mediation, civic education and human rights training to both men and women. FIDA Kenya also refers cases that it does not handle to other organizations where the public can get assistance.
Does FIDA Kenya only focus on divorce matters?
No, FIDA Kenya primarily focuses on matters around family law as these have been evidenced to affect women in a graver manner.
FIDA Kenya is able to assist indigent women with direct legal representation in court on matters of succession, child custody and maintenance and divorce. At FIDA Kenya we are also able to assist women who may not be indigent to get legal assistance from our pro bono lawyers.
We also help women represent themselves in court, in simple matters through our self representation programme. Further to this FIDA Kenya also provides individual counseling, group therapy counseling, family mediation and general legal advice.
Can a man be a member of FIDA Kenya?
No, membership to FIDA Kenya is only open to women lawyers and women law students. FIDA Kenya does however have men who are honorary members. Male honorary members are a select group of men who have demonstrated exceptional contribution to the work of FIDA Kenya.
Men and women who are not lawyers can be a part of FIDA Kenya’s work through our Friends of FIDA Initiative. Men who are lawyers can also join our pro bono lawyers’ scheme which is open to both men and women.
Why does FIDA Kenya only give help to women?
FIDA Kenya was first established to give legal aid to the women of Kenya. Women in Kenya are marginalized and in need of legal education and advise.
What do I need to do to get help from FIDA Kenya?
To get assistance feel free to visit any one of our three offices on our client clinic days or call any of our three offices for more information.
Interractive question.
Question :
I have been married for 8 years and I seem to have grown out of love. My husband is a very nice guy and all ladies seem to be attracted to him apart from me. Kindly advice if there is any way I can divorce him. All the grounds for divorce don’t seem to apply on him: adultery, cruelty, desertion etc I just don’t feel the chill any more.
Agnes, limuru
Hallo Agnes,
We note that you didn’t indicate to us under what type of marriage you and your husband got married under, so as to enable us advise you appropriately on the applicable grounds for divorce under such a marriage. The main types of marriage recognized under the Kenyan Law include Statutory, Customary, Islamic and Hindu.
A wedding performed in church, at the D.C office or at the Registrar of Marriages (Attorney General’s chambers) is called a statutory marriage and a certificate of marriage is issued upon the conclusion of such a ceremony. Under Customary marriages, the law allows for marriages under the various customary practices, whereas when a couple gets married under the Islamic or Hindu Law such a marriage is known as Islamic or Hindu Marriage respectively.
Under Statutory marriage the grounds for seeking a divorce include: cruelty, desertion, adultery and insanity. The court can only grant a divorce after three years of marriage under statutory marriage. Under customary marriage the grounds include adultery desertion, witchcraft, impotence, cruelty and incest.
Under the Islamic and Hindu law, the grounds for divorce are as stated in the Quran and Hindu Law respectively. The law provides that the grounds on which one seeks a divorce must be proved to the court before the court can pronounce a divorce.
In regard to your query, you can only be granted a divorce in court under the above mentioned grounds, depending on the type of marriage you are married under. If the court discovers that a party seeking a divorce has condoned (where you know your partner is doing a wrong and not taken any action), connived (when you arrange with your partner to commit the act for which you seek a divorce) or colluded with the other party in a marriage it may refuse to grant a divorce.