Judicial Bench Book on Violence Against Women in Commonwealth East Africa
Contributors: Commonwealth Secretariat
Publication date: 9 January 2017
ISBN: 978-1-84929-161-3
Pages: 350
The judiciary plays a central role in enhancing and protecting women’s rights, as well as the development and enforcement of formal legal responses to discriminatory and criminal activities, including violence against women (VAW).
The Judicial Bench Book on Violence Against Women in Commonwealth East Africa situates VAW in four member countries, Kenya, Rwanda, Tanzania and Uganda. By placing VAW within the socio-cultural and legal context of the region, it is hoped that the bench book will enhance the ability of judicial officers to handle cases of VAW, both within a human rights as well as a gender perspective.
It is a quick reference for judicial officers, in line with the foundations of the common law system –stare decisis and judicial precedent. Through case law, the book discusses measures to address VAW and the role of the judiciary in ensuring that the state fulfils its obligations.
It also includes examples of how a lack of appreciation of the lived realities of women victims of violence can lead to denial of justice. The critique of such cases will expose the injustice arising from failure to interpret the law through a gender lens, thereby offering important lessons to judicial officers.
The Judicial Bench Book on Violence Against Women in Commonwealth East Africa situates VAW in four member countries, Kenya, Rwanda, Tanzania and Uganda. By placing VAW within the socio-cultural and legal context of the region, it is hoped that the bench book will enhance the ability of judicial officers to handle cases of VAW, both within a human rights as well as a gender perspective.
It is a quick reference for judicial officers, in line with the foundations of the common law system –stare decisis and judicial precedent. Through case law, the book discusses measures to address VAW and the role of the judiciary in ensuring that the state fulfils its obligations.
It also includes examples of how a lack of appreciation of the lived realities of women victims of violence can lead to denial of justice. The critique of such cases will expose the injustice arising from failure to interpret the law through a gender lens, thereby offering important lessons to judicial officers.
Contents
Foreword
Acknowledgements
Acronyms and Abbreviations
Section One – Judicial Principles on Violence Against Women
1 Introduction
1.1 The judiciary as an actor
1.2 Purpose of the bench book
2 Definitions of Violence Against Women
2.1 Introduction
2.2 Definition of VAW under international law Instruments
2.3 Definition of VAW under regional human rights instruments
2.4 Definition of VAW under national laws
2.5 Manifestations of violence against women in East Africa
2.6 Statistics of prevalence of VAW in East Africa
2.7 Consequences of violence against women
Notes
3 The Role of the Judiciary in Addressing VAW
3.1 Introduction
3.2 Direct judicial intervention in addressing VAW
3.3 Addressing VAW – The judicial process
3.4 Judicial guidelines in dealing with matters involving VAW
3.5 Addressing challenges
Notes
4 International Law Standards and State Obligations
4.1 Introduction
4.2 The status of international law and norms in the Commonwealth member countries in East Africa
4.3 State obligations under regional human rights treaties
4.4 Obligations under international criminal law
4.5 National legal mechanisms
Notes
Section Two - Case Summaries on Violence Against Women
5 Domestic/Intimate Partner Violence
Case 5.1 Uganda v Jackline Uwera Nsenga
Case 5.2 Republic v Francis Paul
Case 5.3 Uganda v Lydia Draru Alias Atim
Case 5.4 Jackline Vidanya Baraza v Rep.
Case 5.5 David Munga Maina v Republic
Case 5.6 Prosecutor v Fatirakumutima
Case 5.7 Prosecutor v Cyuma Miruho
Notes
6 Sexual and Other Forms of Violence Against Children
Case 6.1 Uganda v Sekajija Asuman
Case 6.2 Uganda v Joseph Baluku
Case 6.3 Uganda v Kakuru Johnson
Case 6.4 Uganda v Peter Matovu
Case 6.5 Uganda v Tigahwa
Case 6.6 Uganda v NA
Case 6.7 Uganda v Rwishosha Geoffrey
Case 6.8 Prosecutor v Nihimbazwe Samuel
Case 6.9 George Hezron Mwakio v Rep
Notes
7 Sexual and Other Forms of Violence Against Adult Women
Case 7.1 Leonard Jonathan v Republic
Case 7.2 Okeyo v Ogwayi
Case 7.3 Mukungu v Republic
Case 7.4 Uganda v Hamidu & Others
Case 7.5 Ally Hussein Katua v Republic
Case 7.6 Seif Mohamed El-Abadan v Rep
Case 7.7 Onesphory Materu v Republic
Case 7.8 Foro Yahaya v Uganda
Notes
8 Female Genital Mutilation
Case 8.1 Pauline Robi Ngariba v Rep
Case 8.2 SMG & RAM v Republic
Case 8.3 Law and Advocacy for Women in Uganda v AG
Case 8.4 Joyce Nakacwa v AG and 2 Others
Notes
9 Sexual Harassment in the Work Place
Case 9.1 Vishaka v Rajasthan & Others
Notes
10 Matrimonial Property
Case 10.1 Kivuitu – v Kivuitu
Case 10.2 Nderitu v Nderitu
Case 10.3 Bi Hawa Mohammed v Ally Sefu
Case 10.4 Lawrence Mtefu v Germana Mtefu
Notes
11 Divorce on Account of Violence
Case 11.1 Kirungi Doreen v Mugabe Ronald
Notes
12 Discrimination
Case 12.1 Ndewawiosia v Emanuel
Case 12.2 Rono v Rono & Another
Case 12.3 Re-Estate of Lerionka Ole Ntutu
Case 12.4 Stephen Gitonga M’Murithi v Francis Murithi
Case 12.5 JAO v Home Park Caterers
Case 12.6 Uganda Association of Women Lawyers & Others v the Attorney General
Notes
13 Discrimination at the Workplace
Case 13.1 George Opiyo and 2 Others v Deputy County Commissioner Gem, & Another (Siaya)
14 Sexual Violence and Abuse of Authority/Trust
Case 14.1 WJ and LN (Minors Suing through their Guardians, JKM and SCM) v Astariko Henry Amkoah & Others and the Cradle and 3 Others (NBI)
Case 14.2 Prosecutor v Munyawera Moustapha
Case 14.3 Prosecution v Kazina Lucien
Case 14.4 CK (a Child) & 11 Others v the Commissioner of Police/Inspector General of the National Police Service, the Director of Public Prosecutions, Minister for Justice, National Cohesion & Constitutional Affairs and Kenya National Commission of Human Rights … Amicus Curiae
Annex 1 Child, Early and Forced Marriages in East Africa: The Role of the Judiciary
Annex 2 Additional Materials for Reference
Acknowledgements
Acronyms and Abbreviations
Section One – Judicial Principles on Violence Against Women
1 Introduction
1.1 The judiciary as an actor
1.2 Purpose of the bench book
2 Definitions of Violence Against Women
2.1 Introduction
2.2 Definition of VAW under international law Instruments
2.3 Definition of VAW under regional human rights instruments
2.4 Definition of VAW under national laws
2.5 Manifestations of violence against women in East Africa
2.6 Statistics of prevalence of VAW in East Africa
2.7 Consequences of violence against women
Notes
3 The Role of the Judiciary in Addressing VAW
3.1 Introduction
3.2 Direct judicial intervention in addressing VAW
3.3 Addressing VAW – The judicial process
3.4 Judicial guidelines in dealing with matters involving VAW
3.5 Addressing challenges
Notes
4 International Law Standards and State Obligations
4.1 Introduction
4.2 The status of international law and norms in the Commonwealth member countries in East Africa
4.3 State obligations under regional human rights treaties
4.4 Obligations under international criminal law
4.5 National legal mechanisms
Notes
Section Two - Case Summaries on Violence Against Women
5 Domestic/Intimate Partner Violence
Case 5.1 Uganda v Jackline Uwera Nsenga
Case 5.2 Republic v Francis Paul
Case 5.3 Uganda v Lydia Draru Alias Atim
Case 5.4 Jackline Vidanya Baraza v Rep.
Case 5.5 David Munga Maina v Republic
Case 5.6 Prosecutor v Fatirakumutima
Case 5.7 Prosecutor v Cyuma Miruho
Notes
6 Sexual and Other Forms of Violence Against Children
Case 6.1 Uganda v Sekajija Asuman
Case 6.2 Uganda v Joseph Baluku
Case 6.3 Uganda v Kakuru Johnson
Case 6.4 Uganda v Peter Matovu
Case 6.5 Uganda v Tigahwa
Case 6.6 Uganda v NA
Case 6.7 Uganda v Rwishosha Geoffrey
Case 6.8 Prosecutor v Nihimbazwe Samuel
Case 6.9 George Hezron Mwakio v Rep
Notes
7 Sexual and Other Forms of Violence Against Adult Women
Case 7.1 Leonard Jonathan v Republic
Case 7.2 Okeyo v Ogwayi
Case 7.3 Mukungu v Republic
Case 7.4 Uganda v Hamidu & Others
Case 7.5 Ally Hussein Katua v Republic
Case 7.6 Seif Mohamed El-Abadan v Rep
Case 7.7 Onesphory Materu v Republic
Case 7.8 Foro Yahaya v Uganda
Notes
8 Female Genital Mutilation
Case 8.1 Pauline Robi Ngariba v Rep
Case 8.2 SMG & RAM v Republic
Case 8.3 Law and Advocacy for Women in Uganda v AG
Case 8.4 Joyce Nakacwa v AG and 2 Others
Notes
9 Sexual Harassment in the Work Place
Case 9.1 Vishaka v Rajasthan & Others
Notes
10 Matrimonial Property
Case 10.1 Kivuitu – v Kivuitu
Case 10.2 Nderitu v Nderitu
Case 10.3 Bi Hawa Mohammed v Ally Sefu
Case 10.4 Lawrence Mtefu v Germana Mtefu
Notes
11 Divorce on Account of Violence
Case 11.1 Kirungi Doreen v Mugabe Ronald
Notes
12 Discrimination
Case 12.1 Ndewawiosia v Emanuel
Case 12.2 Rono v Rono & Another
Case 12.3 Re-Estate of Lerionka Ole Ntutu
Case 12.4 Stephen Gitonga M’Murithi v Francis Murithi
Case 12.5 JAO v Home Park Caterers
Case 12.6 Uganda Association of Women Lawyers & Others v the Attorney General
Notes
13 Discrimination at the Workplace
Case 13.1 George Opiyo and 2 Others v Deputy County Commissioner Gem, & Another (Siaya)
14 Sexual Violence and Abuse of Authority/Trust
Case 14.1 WJ and LN (Minors Suing through their Guardians, JKM and SCM) v Astariko Henry Amkoah & Others and the Cradle and 3 Others (NBI)
Case 14.2 Prosecutor v Munyawera Moustapha
Case 14.3 Prosecution v Kazina Lucien
Case 14.4 CK (a Child) & 11 Others v the Commissioner of Police/Inspector General of the National Police Service, the Director of Public Prosecutions, Minister for Justice, National Cohesion & Constitutional Affairs and Kenya National Commission of Human Rights … Amicus Curiae
Annex 1 Child, Early and Forced Marriages in East Africa: The Role of the Judiciary
Annex 2 Additional Materials for Reference
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