‘Demeaning’ to portray counsellor as HIV-positive sex worker? – court rules
A specialised network of organisations responding to the issues of HIV/AIDS and tuberculosis in Kenya has come in for some unwelcome publicity. This after it used a photograph of one of its own staff on its website, with a caption that identified her as "an HIV...
Two judges, two very different sentences on two women who killed abusive husbands
As women's month comes to a close, take a look at these two decisions illustrating how very differently courts deal with matters of domestic violence. In both cases a woman killed her husband; in both cases the husband had a history of domestic violence towards the...
“You forged your salary increase letter” – now court awards damages for this allegation
The case of Evans Mukolwe will not give much encouragement to anyone considering a job with Kenya Wildlife Service (KWS). For a start, would you want to beg for your promised salary? And, like Mukolwe, I certainly would not appreciate being accused of forging the...
UK court hands “Africa’s last colony” an unexpected win
While two rival meetings were being held in Africa this week on the disputed future of Western Sahara, the territory – often referred to as Africa’s last colony – won an unexpected victory in court. Read judgment At opposite ends of Africa, the disputed future of...
Damages “not an automatic right” in judicial review
IN THEIR OWN WORDS International Development Consultants v Jimmy Muyanja High Court, Uganda Judge Ssekaana Musa The applicants in this judicial review had asked for special and general damages. Judge Musa commented: The applicant prayed for special and general...
Maize, money, cattle, goats and cotton: compensation for wife-murder
IN THEIR OWN WORDS S v Nyamayevhu High Court, Masvingo, Zimbabwe Judge Garainesu Mawadze In this case of wife-murder, the accused had been in custody for six months as he was refused bail, the judge said. He added: While in custody, the now-deceased's relatives caused...
Spy thriller played out in Uganda’s high court
It made a great splash in the media when Ugandan civil servant Stephen Kisembo was arrested and charged with spying for Sudan. But when the high court of Uganda acquitted Kisembo there was little interest. In my view, however, given the sensitive nature of the...
Raped child not sworn in properly: life sentence, conviction set aside
The child in this case claimed she had been raped by a relative of her father’s, starting from when she was nine years old. The case against the accused seemed strong, and the regional (senior) magistrate convicted him and sentenced him to life imprisonment. But when...
Good news – and bad – for African judiciary charged with wrong-doing
For two senior African judges, this has been a particularly momentous month. Justice Joseph Wowo of Nigeria, former Chief Justice of Gambia, has been effectively exonerated by a regional court after his humiliating treatment at the hands of the courts in Gambia and...
Recusal as a form of protest? – don’t do it, says Namibia’s highest court
TWO regional magistrates felt they were being badly treated over promotion and recused themselves in protest. Now they have been ordered back to work by Namibia’s top court. The magistrates stood down from several part-heard cases to highlight what they considered...