SUPREME COURT ADVISORY OPINION NO 2 OF 2012

This case was an Advisory Opinion filed by the AG at the Supreme Court seeking the Court’s interpretation on whether application of the two-third gender principle as provided for under the Constitution was progressive or immediate. FIDA Kenya enjoined the case as an interested party to advocate for the immediate application of the two-thirds gender principle.

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.

NAIROBI PETITION 164 OF 2016 FIDA KENYA V. ATTORNEY GENERAL

The Petition seeks to have Section 7, Matrimonial Property Act unconstitutional as it makes it mandatory for a souse to indicate their contribution to the matrimonial property, yet Article 43 of the Constitution provides that matrimonial property is equally shared between the spouses.

The case is ongoing.

NAIROBI PETITION 273 OF 2011 FIDA KENYA & 24 OTHERS V. ATTORNEY GENERAL & 3 OTHERS

The Petition seeks to obtain reparation for survivors of the post election violence. At the time of instituting the petition, there was no mechanism by the government to provide for the survivors. Though this has since been set up, none of the 25 other petitioners have received any reparation or compensation from the government, and they represent a larger body of about 6,000 persons.

The matter is at the final stages, with parties having filed their submissions. It will proceed for highlighting of submissions on 3rd July 2017.

NAIROBI PETITION 401 OF 2017 FIDA KENYA VS THE SPEAKER THE NATIONAL ASSEMBLY AND 3 OTHERS (2/3 Gender Rule Case)

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.

STRATEGIC IMPACT LITIGATION

FIDA Kenya in an effort to continually engage in innovative approaches towards access to justice has embraced strategic impact litigation as an avenue to address widespread and systemic human rights violations and also matters of social justice vide a single proclamation.  This creative technique of litigation has been invaluable in bringing to light existing gaps in policy and legislation. Towards achieving this objective, FIDA Kenya has been engaged in a number of public interest litigation cases in various courts across the country.

Below is a digest of some of the cases that FIDA has filed and or joined as an interested party: