Defending Life & Freedom in Africa

As an affiliate of the ACLJ, the East African Centre for Law and Justice (EACLJ), continues to stand in Defense of Life, Freedom and Liberty for All and over time, the court corridors are not only one of the most effective, but increasingly the only place that these rights can be upheld. The courts often rule on issues that are dear to us, including the sanctity of life, protecting children from forced marriages and genital mutilation, or religious liberty of Christians desiring to have a church wedding and not a civil one.

In 2015, the EACLJ has been involved in numerous cases as Petitioners, Interested Parties, Watching Brief and Amicus Curiae (friend of the court) to ensure that rights and freedoms of people throughout Africa are upheld.

The EACLJ was a petitioner in a case that challenged the directions of the Attorney General and the Registrar of Marriages, which are discriminatory and unreasonable to Christians. The Registrar of Marriages required Ministers of Faith to pay to get licenses to officiate marriages, a requirement not required of persons officiating civil, Islamic, Hindu and Customary Marriages. We fought this discrimination in court and now the case is going to the Court of Appeal after EACLJ served a Notice of Appeal to the Attorney General and Registrar of Marriages.

After attorneys from the EACLJ went to Samburu and conducted civic education on the law governing child marriages and female genital mutilation, we were asked to assist with a case involving a 54-year-old doctorate holder accused of marrying off a 14-year-old girl. There is a petition in the high court trying to stop the prosecution of the man, but we are fighting to ensure he – and others like him who would try to steal the innocence of a child – are prosecuted. In recognition of our work in fighting for the rights of the oppressed, the court allowed the EACLJ to join the case as Amicus Curiae.

In the last quarter of the year, the EACLJ was allowed to join, as Interest Parties, a case brought by the Federation of Women Lawyers (FIDA) suing the Ministry of Health for withdrawing abortion guidelines that sought to train medical practitioners to perform abortions. The EACLJ opposed the petition, fighting for the right to life for all people, from conception to natural death.

The EACLJ has also been part of several criminal cases this year. We have been involved in a case dealing with a 4-year-old girl who was molested by an older girl. We remain involved in the case and will ensure that the rights of the young girl are upheld. We have also participated in a case to protect three women  who were gang raped by different men. One of the women  was a minor at the time. The case is ongoing and we are awaiting the testimony of two key witnesses.

The EACLJ had a very busy 2015, as we were engaged in many levels of the court system, ensuring that the rights of all people across Africa were protected.   We look forward to 2016, praying that we will be able to have an even bigger impact in shaping the legal destiny of the East Africa Region as we seek to defend life, liberty, and freedoms for all.

This article was written by EACLJ attorney Kenneth K. Mbaabu.