About the publication
ISBN: 978-1-920538-63-7
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts is a joint publication of the International Reproductive and Sexual Health Law Program of the University of Toronto, Canada; the Centre for Human Rights, Faculty of Law, at the University of Pretoria, South Africa; and the Center for Reproductive Rights, New York. It is the expanded third volume in a series originally conceived by Kibrom Isaak, LL.M., a graduate of the International Reproductive and Sexual Health Law Program, who organised and wrote the prototype, and drafted most of the first two volumes.
The editors of Legal Grounds III are tremendously grateful to all those who have supported us to produce this book. The planning and execution would not have been possible without a grant from the Ford Foundation. African publication and dissemination were generously supported, through the Centre for Human Rights, by The Open Society Foundations.
* Updates not in Legal Grounds III, are marked with one asterisk.
** We thank Prof. Ebenezer Durojaye for facilitating this case comment, and other African law students, marked with two asterisks.
Table of Contents
Acknowledgments
Table of Cases by Country
Foreword
Chapter One: Introduction
Chapter Two: Children and Adolescents
Child, Forced and Early Marriage
Mudzuru & Another v. Ministry of Justice, Legal & Parliamentary Affairs (N.O.) & Others
(Const. Application No. 79/14) [2015] ZWCC 12 (20 January 2016)
Constitutional Court of Zimbabwe outlawed child marriage under 18 years old
Case summary
Decision on ZIMLII
Decision PDF
Nvumeleni Jezile v. The State and 7 Others
High Court Case No. A 127/2014 (High Court of South Africa, Western Cape Division, Cape Town)
Customary marriage practices are not justification for abduction and rape of a girl of 14
Case summary
Decision on SAFLII
Decision PDF
* Rebeca Z. Gyumi v The Attorney General
Miscellaneous Civil Cause No. 5 of 2016, High Court of Tanzania at Dar es Salaam. Date of Judgment: 8/7/2016
Third party consent to marriage of girls under 18 is unconstitutional
Decision on TANZLII
Decision PDF
Comment by Rebeca Gyumi's NGO
Comment by Godfrey Kangaude
De Jure article by Norah Hashim Msuya
* Attorney General vs Rebeca Z. Gyumi
(Civil Appeal No.204 of 2017) [2019] TZCA 348; (23 October 2019)
Tanzanian Court of Appeals upheld decision of 2016
Decision on TANZLII
Decision PDF
* APDF & IHRDA v Republic of Mali
(App. no. 046/2016) [2018] AfCHPR 15; (11 May 2018) (African Court on Human and Peoples’ Rights)
Customary child marriage provisions in Mali 's Family Code violate age of marriage and consent rights
Case comment by George Sakyi Asumadu**
Decision PDF
Highlight: Child Marriage: Legal and Socio-Cultural Aspects
Open PDF
Female Genital Mutilation
Law and Advocacy for Women in Uganda v The Attorney General
[2010] UGCC 4, Constitutional Petition No. 8 of 2007 (Constitutional Court of Uganda at Kampala)
Female Genital Mutilation (FGM) prohibited as unconstitutional
Case summary
Decision on IHRDA
Decision PDF
Sexual Abuse, Assault and Violence
*APDF & IHRDA on behalf of A.S. (a minor) v. Republic of MALI
(African Union, ACERWC, Communication No.0013/Com/001/2020 Admissibility decision July 14, 2021)
ACERWC urged Mali to prosecute child rapist
Press release by IHRDA
Admissibility decision [FR]
Decision on the Merits [FR], communicated to the Plaintiffs June 7, 2023
CK (A Child) Through Ripples International as Her Guardian and Next Friend) & 11 others v Commissioner of Police/Inspector General of the National Police Service & 2 others; And Kenya National Commission on Human Rights (Amicus Curiae)
[2013] eKLR, Petition No. 8 of 2012 (High Court of Kenya at Meru)
Court holds police accountable for inaction in child sexual assaults
Case summary
Judgement on KENYA LAW
Judgement PDF
W.J & another v Astarikoh Henry Amkoah & 9 others
[2015] eKLR, Petition No. 331 of 2011 (High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)
Victims of schoolteacher rapist received damages from their high school, the Teachers Service Commission and the Attorney General of Kenya.
Case summary
Judgement on KENYA LAW
Judgement PDF
Highlight: Sexual Abuse, Assault and Violence
Open PDF
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
Case summary
Decision on KENYA LAW
Decision PDF
S v. Brian M. [surname editorially abridged]
[2015] ZWHHC 106, CRB No. B467/14 (High Court of Zimbabwe at Harare)
Court upholds criminalisation of adolescent consensual sex, ignores gender bias in the law
Case summary
Decision on ZIMLII
Decision PDF
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
Case summary
Decision on SAFLII
Decision PDF
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
Case summary
Decision on SAFLII
Decision PDF
*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."
Case discussion by Godfrey Kangaude and Ann Skelton
Decision on KENYA LAW
Decision PDF
*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
Case discussion by Godfrey Kangaude and Ann Skelton
Decision on ZIMLII
Decision PDF
Highlight: Adolescent Consensual Sexual Conduct
Open PDF
Student Pregnancy
Head of Department, Department of Education, Free State Province v Welkom High School & Another; Head of Department, Department of Education, Free State Province v Harmony High School & Another
[2013] ZACC 25 (Constitutional Court of South Africa)
Expulsion of pregnant learners violates fundamental rights
Case summary
Decision on SAFLII
Decision PDF
Chapter Three: Maternal Health Care and Services
The Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General
[5 June 2012], Constitutional Petition No. 16 of 2011, (Constitutional Court of Uganda at Kampala)
Preventable maternal deaths were dismissed as a "political question". This dismissal was overturned by 2015 Supreme Court decision, then decided in 2020
Case summary
Decision on ULII
Decision PDF
The Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General
[30 October 2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala)
Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.
Case summary
Decision on ULII
Decision PDF
The Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General
[19 August 2020] Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala)
Court found a violation of the rights to health, life, gender equality and freedom from inhuman and degrading treatment, for the preventable deaths in childbirth of two women
Case summary
Decision on ULII
Decision PDF
The Center for Health, Human Rights and Development & 4 Others v Nakaseke District Local Administration
[17 June 2015] Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala)
Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour
Case abstract on ESCR-Net
Decision PDF
Millicent Awuor Omuya alias Maimuna Awuor & Another v The Attorney General & 4 Others
[17 September 2015] Petition No. 562 of 2012, High Court of Kenya at Nairobi (Constitutional and Human Rights Division)
Detaining women for failing to pay for maternal health services is a violation of their constitutional rights
Ntsele v Mec for Health, Gauteng Provincial Government
[24 October 2012] ZAGPJHC 208 (South Gauteng High Court, South Africa)
Defendant is liable to compensate 100% of the plaintiff’s proven damages. (Medical negligence during labour damaged child's brain)
Case summary
Decision on SAFLII
Decision PDF
*J O O (also known as J M) v Attorney General & 6 others
[22 March 2018] Petition No 5 of 2014, (High Court of Kenya at Bungoma). March 22, 2018
Neglect, abuse and humiliation of pregnant woman at county hospital. (Unsuccessfully appealed below)
Case comment by Naitore Nyamu**
Decision on KENYA LAW
Decision PDF
*County Government of Bungoma & 2 Others v. Josephine Oundo Ongwen (a.k.a. Josephine Majani) & 2 Others
(Kenya Civil Appeal No. 61 of 2018) Decision of February 23, 2024
Court dismissed an appeal, affirming the J O O decision of 2018
Press release from Centre for Reproductive Rights
Decision PDF
*Community Law Centre and Others (on behalf on the Five Victims) v Federal Republic of Nigeria
(Communication 564 of 2015) [2024] ACHPR 1 (23 May 2024) (African Commission on Human and Peoples' Rights)
Despite evidence of high maternal mortality and obstetric violence in Nigeria, the Commission did not find violations of the African Charter and the African Women’s Protocol arising from the complaints made.
AHRY article by Ebenezer Durojaye and Nkatha Murungi
Decision on AFRICANLII
Decision PDF
*Dorothy Bebe v Federal Republic of Nigeria
ECW/CCJ/APP/48/23; ECW/CCJ/JUD/16/25) [2025] ECOWASCJ 25 (4 April 2025) (ECOWAS Community Court of Justice)
Despite evidence of high maternal mortality and obstetric violence in Nigeria, the Commission did not find violations of the African Charter and the African Women’s Protocol arising from the complaints made.
Case comment by Afya na Haki
Decision on AFRICANLII
Decision PDF
Highlight: Maternal Health Care and Services
Open PDF
Chapter Four: Abortion and Fetal Interests
Abortion
Case no. RPA 0787/15/HC/KIG
(High Court of Rwanda, Kigali) [2015] Unreported
Legal abortion allowed for raped 13-year-old
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 she could not get an abortion
Case summary
Decision on ZIMLII
Decision PDF
Republic v Jackson Namunya Tali
[2014] [2014] KEHC 2813 (KLR) High Court Criminal Case No. 75 of 2009 (High Court of Kenya at Nairobi)
Court convicts nurse of murder over abortion related death.
Case summary
Decision on KENYA LAW
Decision PDF
*Republic v Jackson Namunya Tali
[2017] KECA 233 (KLR) (Court of Appeal at Nairobi)
Nurse in pregnancy complications case is acquitted after 8 years awaiting death penalty
Press release from Centre for Reproductive Rights
Decision on KENYA LAW
Decision PDF
*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. (High Court of Kenya at Nairobi, Constitutional and Human Rights Division)
Landmark Case of "JMM," wrongful withdrawal of abortion training and guidelines, clarified that abortion is legal after rape
Case comment by Benson Chakaya
AfricLaw Blog entry by Nimrod Muhumuza
Decision on KENYA LAW
Decision PDF
*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 Case 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 abortion refusal by hospital staff
Case summary on Reprohealthlaw Blog
Legal Brief by Lewis Bande and Godfrey Kangaude
Book chapter by Godfrey Kangaude and Lewis Bande
Decision on MALAWILII
Decision PDF
*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)
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
Press release from Centre for Reproductive Rights
Decision on KENYA LAW
Decision PDF
*Women in Law in Southern Africa, Talent Forget v. Minister of Health and Child Care and the Parliament of the Republic of Zimbabwe and The Attorney General of Zimbabwe
HH 552-24, HC 7364/23, 28 February & 22 November 2024 (High Court of Zimbabwe at Harare)
Section 2(1) of The Termination of Pregnancy Act, which defines “unlawful intercourse” to exclude sexual intercourse with minors and marital rape, is unconstitutional because it imposes custodial sentences on women in those situations who choose to abort.
Case comment by Afya na Haki
Decision PDF
Highlight: Abortion and Fetal Interests
Open PDF
Wrongful Birth or Life
AAA v Registered Trustees (Aga Khan University Hospital, Nairobi)
[2015] eKLR, Civil Case No. 3 of 2013 (High Court of Kenya at Nairobi (Civil Division))
Damages awarded for failure of contraception, including the cost of rearing and educating an unplanned child
Case summary
Decision on KENYA LAW
Decision PDF
E. R.O. v Board Of Trustees, Family Planning Association of Kenya
[2013] eKLR, Civil Case 788 of 2000 (High Court of Kenya at Nairobi)
Pregnancy after tubal ligation - not proven
Case summary
Decision on KENYA LAW
Decision PDF
H v Fetal Assessment Centre
[2014] ZACC 34 (Constitutional Court of South Africa)
"Wrongful life" claim
Case summary
Decision on SAFLII
Decision PDF
Chapter Five: Adoption and Surrogacy
Adoption
GK v. BOK, CGLK, MT and the Attorney General
[2015] BWHC 1, MAHGB-000291-14 (High Court of Botswana)
Father's consent required for adoption, even out of wedlock
Case summary
Decision PDF (redacted)
Highlight: Adoption and Surrogacy
Open PDF
Surrogacy
AB and Surrogacy Advisory Group v Minister of Social Development
[2015] ZAGPPHC 580 (Gauteng High Court of South Africa)
Surrogate motherhood requires genetic link
Case summary
Decision on SAFLII
Decision PDF
AB and Surrogacy Advisory Group v Minister of Social Development
CCT 155/15, decided November 29, 2016 (Constitutional Court of South Africa) (Centre for Child Law as Amicus Curiae)
Genetic-link requirement for surrogacy is constitutional
Case comment by Karabo Ozah
Decision on SAFLII
Decision PDF
Ex Parte: MS and Others
ZAGPPHC 457 (North Gauteng, High Court of South Africa)
Surrogate motherhood requires court authorization
Case summary
Decision on SAFLII
Decision PDF
J.L.N. & 2 Others v Director of Children's Services & 4 Others
[2014] eKLR, Petition No. 78 of 2014 (High Court of Kenya at Nairobi (Constitutional and Human Rights Division)
Twins born to surrogate withheld by Hospital until birth certificate was resolved
Case summary
Decision on KENYA LAW
Decision PDF
MIA v State Information Technology Agency (Pty) Ltd
ZALCD 20 (Labour Court of South Africa, Durban)
Pay leave for primary caregiver of child born to surrogate
Case summary
Decision on SAFLII
Decision PDF
Chapter Six: Gender, Sexuality, Women and Discrimination
Rape
S v Chirembwe
[2015] ZWHHC 162 (15 February 2015) CRB No. R 1006/12, (High Court of Zimbabwe at Harare)
Sentence length for multiple rapes
Case summary
Decision on ZIMLII
Decision PDF
Disability, Sexuality and Criminal Law
Center for Health, Human Rights and Development and Iga Daniel v Attorney General
[2015] Constitutional Petition No. 64 of 2011 (Constitutional Court of Uganda at Kampala)
Sentence length for multiple rapes
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
Court awarded damages for sexual harassment at work
Decision on ZIMLII
Decision PDF
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
Case summary
Decision on KENYA LAW
Decision PDF
Dorothy Njemanze & 3 Ors V Federal Republic of Nigeria
Suit No: ECW/CCJ/APP/17/14, decided October 12, 2017 (ECOWAS Court, Abuja, Nigeria)
Nigeria fined by ECOWAS Court for mistreatment of women, alleged prostitutes, by law enforcement personnel, under vagrancy laws
Decision on AFRICANLII
Decision PDF
*Mayeso Gwanda v. the State
Constitutional Case No 5. 2015, decided January 10, 2017 (High Court of Malawi)
Vagrancy law challenged on human rights grounds in case of male vendor
Case comment
Decision on MALAWILII
Decision PDF
*Advocaid Ltd. v. Republic of Sierra Leone
Application No. ECW/CCJ/APP/18/22, Judgment No. ECW/CCJ/JUD/33/24, decided November 7, 2024 (ECOWAS Court)
ECOWAS Court favoured Advocaid, which argued that discriminatory laws against loitering target the vulnerable and provide police with opportunities to accost, rape or sexually abuse women who cannot afford bribes
Press release by IHRDA
Decision PDF
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
Case summary
Decision on KENYA LAW
Decision PDF
R.M. v Attorney General & 4 Others
[2010] eKLR, Petition No. 705 of 2007 (High Court of Kenya at Nairobi)
Kenya does not recognize intersex persons
Case summary
Decision on KENYA LAW
Decision PDF
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
Case summary
Decision on KENYA LAW
Decision PDF
*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)
Court condemned transgender abuse; upholds constitutional rights of transgender persons
Case summary by Keikantse Phele
Decision on ZIMLII
Decision PDF
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
C.O.L. & G.M.N. v. Resident Magistrate Kwale Court & Others
Petition No. 51 of 2015, decided June 16, 2016 (High Court of Kenya, Constitutional and Judicial Review Division)
Court allowed medical examinations including anal exams to prove crime of homosexuality
Case summary
Decision on KENYALAW
Decision PDF
*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) (Unreported)
Court evaded legalizing homosexuality on constitutional grounds by denying legal standing to the applicant
Case comment by Ovye Affi**
Decision PDF
* ["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 is not legalized
Decision on KENYALAW
Decision PDF
* Letsweletse Motshidiemang v Attorney General
[2019] MAHGB-000591-16, Decision of June 11, 2019. (Botswana, High Court)
Gay sex is decriminalized in Botswana
AHRLJ article by Tashwill Esterhuizen
Article by Prof. Frans Viljoen
Case comment by Kutlwano Pearl Magashula**
Decision PDF
* Attorney General v. Letsweletse Motshidiemang & LEGABIBO (Amicus Curiae)
[2021] CACGB-157-19, Decision of November 29, 2021. (Botswana, Court of Appeal)
Decriminalization of gay sex confirmed on appeal
Article by Carmel Rickard
Decision PDF
* Hon. Fox Odoi & 21 Others v Attorney General & 3 Others (Consolidated Constitutional Petition 14 of 2023; Consolidated Constitutional Petition 15 of 2023; Consolidated Constitutional Petition 16 of 2023; Consolidated Constitutional Petition 85 of 2023) [2024] UGCC 10 (3 April 2024)
Court ruled that the Anti-Homosexuality Act 2023 is constitutional
Legal Analysis by Chapter Four
Comment by Nimrod Muhumuza on AfricLaw
Decision on ULII
Decision PDF
Recognition of LGBTIQ Advocacy and Groups
Eric Gitari v Non-Governmental Organizations Co-Ordination Board & 4 Others
[2015] eKLR, Petition No. 440 of 2013 (High Court of Kenya at Nairobi)
LGBT organizations can be registered
Case summary
Decision on KENYALAW
Decision PDF
Thuto Rammoge & 19 Others v The Attorney General of Botswana
[2014] MAHGB-000175-13 (High Court of Botswana)
Homosexual rights advocacy society received official recognition
Attorney General of Botswana v. Thuto Rammoge & 19 Others
[2016] CACGB-128-14 (Botswana Court of Appeal at Gaborone)
Appeal dismissed
The People v Paul Kasonkomona
[2015] HPA/53/2014 (High Court for Zambia)
Freedom of expression: HIV/LGBT activist acquitted for remarks made on television
Republic v Non-Governmental Organizations Co-ordination Board & another ex-parte Transgender Education and Advocacy & 3 Others
[2014] eKLR, JR Miscellaneous Application No. 308a of 2013 (High Court of Kenya at Nairobi (Milimani Law Courts)
Ordered transgender organization to be registered
Case summary
Decision on KENYALAW
Decision PDF
* Pamela Adie v. Corporate Affairs Commission
Suit No. FHC/ABJ/CS/827/2018, Decision of November 16, 2018 (Federal High Court of Nigeria at Abuja)
Court upheld failure to register an organization to protect lesbian women
Case comment by Obiagbaoso Maryanne Nkechi**
Decision PDF
Highlight: Towards Respect for Human Diversity
Open PDF
Chapter Seven: HIV
Access to Treatment
Dr. Jeremiah Ojonemi Alabi Abalaka and Medicrest Specialist Hospital Ltd. v. President of the Federal Republic of Nigeria, Attorney General of the Federation, and National Agency for Food and Drug Administration and Control (NAFDAC)
[2014] Suit No. FHC/MKD/CS/ 75/2012. Federal High Court at Makurdi, Nigeria
Longstanding ban on controversial HIV vaccine nullified
Dickson Tapela & 2 Others v Attorney General & 2 Others
[2014] MAHGB-000057-14 (High Court of Botswana)
Securing access to HIV treatment for prisoners who are not citizens
Attorney General and Others v Tapela and Others ; In re: Attorney General and Others v Mwale
(CACGB-096-14, CACGB-076-15) [2015] BWCA 1 (26 August 2015) (Botswana Court of Appeal)
Upheld High Court judgment and dismissed appeal
P.A.O. and 2 Others v The Attorney General & Another
[2012] Petition No. 409 of 2009 (High Court of Kenya at Nairobi)
Law blocked access to generic ARV medicines
Case summary
Decision on KENYALAW
Decision PDF
Stigma, and Criminalisation of Transmission
AIDS Law Project v Attorney General & 3 Others
[2015] eKLR, Petition No. 97 of 2010 (High Court of Kenya at Nairobi)
Criminal provision in HIV/AIDS law is overbroad and vague, unconstitutional
Case summary
Decision on KENYALAW
Decision PDF
Rosemary Namubiru v. Uganda
[2014] HCT-00-CR-CN -- 0050-2014. High Court of Uganda at Kampala
The Court reversed the ruling of the trial court, and reduced HIV+ nurse's sentence (charged with negligence) from three years to time already served, totaling over five months
Case summary
Case discussion on GlobalHealthRights.org
Decision PDF
* Kenya Legal and Ethical Network on HIV & AIDS (KELIN) & 3 others v Cabinet Secretary Ministry of Health & 4 others
[2016] eKLR Petition 250 of 2015. (High Court of Kenya at Nairobi)
Court halts collection of HIV data
Abstract by Ebenezer Durojaye
Decision on KENYALAW
Decision PDF
Highlight: Criminalisation of HIV Non-Disclosure, Exposure, and Transmission
Open PDF
Forced Sterilization
LM and Others v. Government of the Republic of Namibia
[2012] NAHC 211 (High Court of Namibia)
Court found forced sterilization of women without informed consent; unproven link to HIV-positive status
Case summary
Decision on SAFLII
Decision PDF
Government of the Republic of Namibia v L.M. & 2 Others
[2014] NASC 19 (Supreme Court of Namibia)
Appeal dismissed. Court linked forced sterilisation to infringement of constitutional rights
Highlight: Criminalisation of HIV Non-Disclosure, Exposure, and Transmission
Open PDF
Discrimination in Employment
Dwenga and Others v Surgeon-General of the South African Military Health Services and Others
[2014] ZAGPPHC 727, Case No. 40844/2013 (High Court, North Gauteng, South Africa)
HIV+ individuals cannot be excluded from army
Case summary
Decision on SAFLII
Decision PDF
Gary Shane Allpass v Mooikloof Estates (Pty) Ltd.
[2011] Case No. JS178/09 (Labour Court of South Africa)
Wrongful dismissal, HIV+
Case summary
Decision on SAFLII
Decision PDF
Georgina Ahamefule v Imperial Medical Centre & Dr. Alex Molokwu
[2012] Suit No. ID/1627/2000 (High Court of Lagos State, Nigeria)
Wrongful dismissal of HIV-positive nurse
Case summary
Case discussion on ESCR-Net
Decision PDF
Stanley Kingaipe & Another v The Attorney General
[2010] 2009/HL/86 (High Court for Zambia)
HIV testing and ARV treatment without consent
Case summary
Case discussion on GlobalHealthRights.org
Decision PDF
Discrimination in Sentencing
* MK v Director of Public Prosecutions and Others
CONST 5 of 2020 [2022] LSHC 238 (High Court of Lesotho) October 25, 2022
Constitutional challenge overturned certain sections of the Sexual Offences Act that impose mandatory HIV testing on persons accused of sexual offences, then impose a death sentence on persons convicted of sexual offences solely based on their HIV-positive status
News Report on HIV Justice Network
Decision on LESOTHOLII
Decision PDF
Chapter Eight: Francophone Africa / L’Afrique Francophone
Adultery / L’adultère
Decision DCC 09-081 of 30 July 2009 of the Constitutional Court of Benin
Court found adultery law unconstitutional
Case summary / Résumé
Decision en ligne
Decision PDF
Polygamy / La polygamie
Decision DCC 02-144 of 23 December 2002 of the Constitutional Court of Benin
Court found polygamy law unconstitutional
Case Summary / Résumé
Decision en ligne
Decision PDF
Infanticide / L’infanticide
Judgment No 216 of 13 December 2005 the Court of Appeal Niamey, Niger
Distinction between abortion and infanticide
Online Legal Resources
Full Citation Information and Case Links
Endnotes
