This is a case of defilement of a 7-year-old girl by a 57-year-old man. He pleaded not guilty, but at the end of the trial was found guilty, convicted and sentenced to 8 years’ imprisonment. Her appealed on grounds that there was no case to answer submission, as the Court failed to consider all the… View Article

November 9, 2018

Abote Batsietsi Monnana, Appellant V. The State: Botswana Court of Appeal, 2013

The appellant was charged, at the High Court, for kidnapping a four-year-old child who was later murdered. The judge struck out the kidnapping charge but convicted the appellant on the murder charge. The appellant avers that the prosecution was unable to proof the case beyond reasonable doubt as there was no proper evidence that he had… View Article

December 29, 2015

Adoption of Children Act (cap 26:01) & Chifundo James (a female infant): Supreme Court, 2009

This case concerns an appeal to overturn the decision of the lower court rejecting an application for adoption of a female infant (CJ) that was born out of wedlock. Her mother had died a few days after her birth and her father was unknown. She was under the care of her grandparents before being taken… View Article

November 6, 2018

Agnes Wanjiru Kiraithe & another v Attorney General & 2 others: Kenya High Court, 2014

The 1st petitioner is the chief administrator of Soila Maasai Girls Centre (“the Centre”) which is established with the objective of rescuing girls facing the risk of female genital mutilation (FGM). The facts relate to the wrongful expulsion of 49 students of the Soila Maasai Girls Centre for undergoing female genital mutilation (FGM) contrary to… View Article

December 29, 2015

Amougnou Saye v. The State: Supreme Court of Mali, 2014

Mr Mahamadou Sidibé acting on behalf of Mr Amougnou Saye appealed against judgment No. 11 issued on the same day by the Assizes Court of Mopti in a case of abduction of persons, child trafficking and rape, of which Anne Dougnon was the victim. However, the certificate of the Registrar attested that the plaintiff had… View Article

October 27, 2017

Andrew Katimba Vs Gertrude Katimba: High Court of Malawi, 2008

This case is about child custody. By way of Originating Summons, the plaintiff inter alia sought for legal custody of his son Kennedy Andrew Katimba, an injunction on the defendant to deliver the said child to the plaintiff, an injunction restraining the defendant from using the surname and holding herself out as wife of the… View Article

November 8, 2018

Andrew Siliya vs. Thokozani Siliya: High Court of Malawi, 2018

This is an appeal case to set aside the judgment of the Lower Court delivered on 16th May 2017, whereby it ordered the appellant to: pay maintenance fee for the children in the sum of MK70,000, as well as to construct a house within the space of 36 months for the respondent, pay the respondent,… View Article

Bhe & others V. The Magistrate, Khayelitsha & others: Constitutional Court of South Africa, 2004

The application was made on behalf of the two minor daughters of Ms Nontupheko Bhe and her deceased partner. The applicants submitted that the impugned provisions and the customary law rule of male primogeniture unfairly discriminated against the two children in that they prevented the children from inheriting the estate of their late father. The… View Article

December 29, 2015

C K W v. the Honourable Attorney General & Director of Public Prosecution: Kenya High Court, 2014

The Petitioner, a minor of 16 years old, instituted proceedings through his lawyers seeking a declaration that Sections 8(1) and 11(1) of the Sexual Offences Act are invalid to the extent that they criminalise consensual sexual relationships between adolescents. In dismissing the appeal the court held that the provisions of the law in issue were… View Article

Charles Katandika vs The Republic: High Court of Malawi, 2018

The accused was charged and found guilty of defiling a girl on 21 June 2017 at Kaudzu village in the district of Machinga. He pleaded not guilty. During trial he argued that there was no penetration nor sufficient evidence to warrant his conviction; likewise, there was no corroborative evidence as such. However, the Court held that… View Article

November 9, 2018

CK and 11 Other Children v. The Commissioner of Police et al: Kenya High Court, 2013

The petition was submitted by ten children, Pamela Waruguru and Ripples International. The petition was brought under Articles 2, 10, 19, 21, 22, 23, 27, 28, 29, 48, 50(1) and 53 of the Constitution of Kenya, 2010, Article 1, 2, 3, 5, 7, 8 and 10 of the Universal Declaration of Human Rights, Articles 1,… View Article

December 29, 2015

Diakaridia  COULIBALY v. The State and Others : Supreme Court of Mali, 2008

Diakaridia Coulibaly was born in 1977 and was convicted for raping a 13-year-old girl by name Farima Diakité. The Court of Appeal of Bamako sentenced him to 5 years’ imprisonment, after analyzing articles 226 of the Criminal Code; 346, 363, 631 of the Criminal Procedure Code and 725 of the Civil, Commercial and Social Procedure… View Article

November 10, 2017

Dino Robert Potlana Ntle, Appellant v. Khubelum Khaketla, Respondent: Lesotho Court of Appeal, 1983

This is an appeal case against an order of maintenance with regard to an illegitimate child. The applicant maintains that under customary law he is not under the obligation to provide maintenance for the illegitimate child. The appeal was dismissed with the appellant ordered to contribute to maintenance monthly. C. of A. CIV) No 3… View Article

December 29, 2015

Dzvova v Minister of Education, Sports and Culture & others: Supreme Court of Zimbabwe, 2007

This suit is brought by the parent of a Rastafarian minor. The child of the applicant had been discriminated against in school by the authorities for having dread locks which the school instructed the applicant to get rid of or transfer the child to another school. The applicant contends that the hairstyle of the child… View Article

Flora Jeke Vs The Republic: High Court of Malawi, 2008

This is a case of unlawful wounding by Flora Jeke. She was charged accordingly and she pleaded guilty to the charge. The court convicted and sentenced her to 18 months’ imprisonment (IHL). Dissatisfied with the sentence, she appealed by praying the court to reduce her sentence on grounds that she was a first-time offender and… View Article

November 9, 2018

Francis Mangani vs. The Republic: High Court of Malawi, 2007

This is a case of abduction of a 14 year old girl. The appellant 24 was charged and convicted of the offence of abduction. Even though he pleaded guilty to the charge, he nonetheless argued that, under the Constitution, it was lawful to marry a girl of 14 years. The Court however dismissed his arguments… View Article

November 7, 2018

Harrison Sibale Vs. The State: High Court of Malawi, 2010

The Appellant had unlawful carnal knowledge of Indaba, a 13 years old girl. As such, he was arrested, charged and tried for the offence of defilement. He pleaded not guilty, but after a full trial he was found guilty, convicted and sentenced to 8 years’ imprisonment. Being unsatisfied with the decision of the lower court,… View Article

November 6, 2018