Judicial Bench Book on Violence Against Women in Commonwealth East Africa

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.

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