Legal Grounds III, Online edition, with updates and links to decisions:
Cover and preliminaries
Table of Contents
Table of Cases (2008-2016) by Country
Foreword, by Charles G. Ngwena
Child, Forced and Early Marriage
Female Genital Mutilation
Sexual Abuse, Assault and Violence
Consensual Sexual Conduct
- C.K.W. v Attorney General & Another [2014] eKLR, Petition 6 of 2013 (High Court of Kenya at Eldoret). [Court upholds criminalisation of adolescent consensual sex, ignores gender bias in the law.] Decision online.
- S v. Brian M. [surname editorially abridged] [2015] ZWHHC 106, CRB No. B467/14 (High Court of Zimbabwe at Harare). [Sentence reduced for adolescent sex.] Decision online.
- Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another [2013], Case No. 73300/10 [2013] ZAGPPHC 1 (North Gauteng High Court, South Africa). [High Court proposes decriminalisation of adolescent consensual sexual conduct.] Decision online.
- Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another(CCT 12/13) [2013] ZACC 35; (Constitutional Court, South Africa). [Laws criminalising adolescent consensual sexual conduct suspended, pending review by Parliament.] Decision online.
- *Martin C. v. Republic, Criminal Appeal No. 32 of 2015, April 26, 2016 (High Court of Kenya, at Malindi). [Consensual sexual relationship between adult man of 23 and girl of 14 is not "defilement." ] Decision online. Decision PDF. Discussed in this article by Godfrey Kangaude.
- *The State v. CF (A Juvenile) HH 143-11, CRB 5,320/10 July 21, 2011 (High Court of Zimbabwe). (Adolescent male cannot be convicted of consensual sex). Decision online. Decision PDF.
Highlight: Adolescent Consensual Sexual Conduct
Student Pregnancy
Abortion
- Case no. RPA 0787/15/HC/KIG (High Court of Rwanda, Kigali) [2015] Unreported, . [legal abortion allowed for raped 13-year-old]. Official English translation (redacted to preserve victim privacy). Backup copy.
- Mildred Mapingure v Minister Of Home Affairs and 2 Others [2014], Judgment No. SC 22/14, Civil Appeal No. SC 406/12 (Supreme Court of Zimbabwe). [State held liable for hindering access to emergency contraception, but not abortion] Decision online. Decision attached in PDF
- Republic v Jackson Namunya Tali [2014] eKLR, High Court Criminal Case No. 75 of 2009 (High Court of Kenya at Nairobi). [Court convicts nurse of murder over abortion related death] Decision online. Decision attached in PDF.
- *Republic v. Jackson Namunya Tali, [2017] Criminal Appeal No. 173 of 2016. Decision dated October 19, 2017. [Nurse Jackson Tali is acquitted by the Court of Appeal (Kenya) after 8 years awaiting death penalty.] Decision online. Decision attached in PDF. Press release by CRR.
- *Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others; East Africa Center for Law & Justice & 6 others (Interested Party) & Women’s Link Worldwide & 2 others (Amicus Curiae) [2019] eKLR, Petition No. 266 of 2015, Decision dated June 12, 2019. [Landmark Case of "JMM," wrongful withdrawal of abortion training and guidelines, clarified abortion legal after rape] (High Court of Kenya at Nairobi, Constitutional and Human Rights Division), Decision online. Backup copy. Case Comment by Benson Chakaya**
- *The State (On the Application by HM (Guardian) on behalf of CM (Minor) vs The Hospital Director of Queen Elizabeth Central Hospital & The Minister of Health [2021] Judicial Review Cause Number 03 of 2021 (unreported) (High Court of Malawi, Zomba District Registry), Decision dated June 15, 2021. [In Malawi's first abortion-related ruling, a pregnant girl is denied judicial review of oral abortion refusal by hospital staff.] Decision online. (Download:) Legal Brief by Lewis Bande and Godfrey Kangaude. Overview on Reprohealthlaw Blog.
- *PAK & Salim Mohammed v. Attorney General & 3 Others (Constitutional Petition E009 of 2020) [2022] KEHC 262 (KLR) (24 March 2022) (High Court of Kenya at Malindi) Decision online. Backup copy. Press release by CRR. [Abortion care is a fundamental constitutional right. Arrests of patients and clinicians are illegal. Parliament is directed to align law and policy with the Constitution.]
- Highlight: Abortion and Fetal Interests
Wrongful Birth or Life
Adoption
Surrogacy
Rape
Disability, Sexuality and Criminal Law
Sexual Harassment
- *Rita M Mbatha v Farai B Zizhou & Anor, [2021] HH675-21, HC 4986/14. (High Court of Zimbabwe at Harare), 20 October 2021 Decision online. Awarded damages for sexual harassment at work.
Women and Criminal Law
- Lucy Nyambura & Another v Town Clerk, Municipal Council of Mombasa & 2 Others [2011] eKLR, Petition No. 286 of 2009 (High Court of Kenya). [Conviction for loitering for purposes of prostitution held constitutional.] Decision online.
- Dorothy Njemanze & 3 Ors V Federal Republic of Nigeria: SUIT NO: ECW/CCJ/APP/17/14 (ECOWAS Court, Abuja, Nigeria) Nigeria fined by ECOWAS Court for mistreatment of women, alleged prostitutes, by law enforcement personnel, under vagrancy laws. Summary by Benson Chakaya. Decision of October 12, 2017. Press release
- *Mayeso Gwanda v. the State, Constitutional Case No 5. 2015 (High Court of Malawi. [vagrancy law challenged on human rights grounds in case of male vendor], Decision of January 10, 2017 cites unreported 2007 Malawian "Mwanza" decision about 13 women, discussed on p. 127 of Legal Grounds III.
Gender Identity, Intersexuality, Transgender Rights
- Baby "A" (suing through her mother, E.A.) and The Cradle the Children Foundation v Attorney General, Kenyatta National Hospital, and the Registrar of Births and Deaths [2014] eKLR, Petition No. 266 of 2013 (High Court of Kenya at Nairobi, Constitutional and Human Rights Division). [Kenyan Court recognizes need to protect the constitutional rights of intersex persons] Decision online.
- R.M. v Attorney General & 4 Others [2010] eKLR, Petition No. 705 of 2007 (High Court of Kenya at Nairobi (Nairobi Law Courts)). Decision online. [Kenya does not recognize intersex persons]
- Republic v Kenya National Examinations Council & Another [2014] eKLR, JR Case No. 147 of 2013 (High Court of Kenya at Nairobi) [Ordered name and gender change on high school diploma] Decision online.
- *Ricky Nathanson v Farai Mteliso, The Officer in Charge Bulawayo Central Police Station, Commissioner of Police and the Minister of Home Affairs, Case no.HB 176/19 HC 1873/14 [2019] ZWBHC 135( (14 November 2019); (Zimbabwe, High Court) [condemns transgender abuse; upholds constitutional rights of transgender persons] Decision online. Case summary by Keikantse Phele..
Sexual Orientation
- Oloka-Onyango and 9 Others v Attorney General [2014], Constitutional Petition No. 8 of 2014,
UGCC 14 (1 August 2014) (Constitutional Court of Uganda at Kampala). [Anti-Homosexuality Act annulled due to lack of parliamentary quorum.] Decision online. - C.O.L. & G.M.N. v. Resident Magistrate Kwale Court & Others Petition No. 51 of 2015 (High Court of Kenya, Constitutional and Judicial Review Division). [Court allowed medical examinations including anal exams to prove crime of homosexuality] Decision on file.
- *Teriah Joseph Ebah v. Federal Government of Nigeria, Suit No. FHC/ABJ/CS/197/2014. Decision of October 22, 2014 (Federal High Court of Nigeria at Abuja) [Court evaded legalizing homosexuality on constitutional grounds by denying legal standing to the applicant. ] Decision online. Case comment by Ovye Affi.**
- *["Eric Gitari 2"] EG & 7 others v Attorney General; DKM & 9 others Petition 150 & 234 of 2016 (consolidated), (High Court of Kenya at Nairobi, Constitutional and Human Rights Division). Decision of May 24, 2019 [homosexuality not legalized] Decision online.
- *Letsweletse Motshidiemang v Attorney General [2019] MAHGB-000591-16, Decision of June 11, 2019. (Botswana, High Court) Decision online. Article by Prof. Frans Viljoen. Case comment by Kutlwano Pearl Magashula** [gay sex decriminalized]
- *Attorney General v. Letsweletse Motshidiemang & LEGABIBO (Amicus Curiae)[2021] CACBB-157-19, Decision of November 29, 2021. (Botswana, Court of Appeal) Decision online. Article by Carmel Rickard.[Decriminalization of gay sex confirmed on appeal.]
Recognition of LGBTIQ Advocacy and Groups
Access to Treatment
Stigma, and Criminalisation of Transmission
Forced Sterilization
Discrimination in Employment
- [Adultery / L’adultère] Décision DCC 09-081 Decision DCC 09-081 of 30 July 2009 of the Constitutional Court of Benin (adultery law unconstitutional). Decision in French on file. Decision en ligne.
- [Polygamy / La polygamie] Décision DCC 02-144 of 23 December 2002 of the Constitutional Court of Benin (polygamy law unconstitutional) Decision in French on file. Decision en ligne.
- [Infanticide / L’infanticide] Judgment No 216 of 13 December 2005 the Court of Appeal Niamey , Niger (distinction between abortion and infanticide) Decision on file, in French.
Online Legal Resources
Full Citation Information and Case Links
*Updates, not in Legal Grounds III, are marked with one asterisk.
** We thank Prof. Ebenezer Durojaye for facilitating this case comment, and others by African law students, marked with two asterisks.
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