The East African Court of Justice (EACJ) is hearing cases challenging the domestic laws and legal directives in Kenya and Tanzania that are deemed injurious to the fundamental rights of citizens.
Tanzania’s directive on compulsory pregnancy tests for schoolgirls and the disbarment of Kenyan Senior Counsel Ahmednasir Abdullahi from the Supreme Court of Kenya are before the regional court, which is expected to pronounce itself on laws passed by East African Community (EAC) partner States deemed to contravene universal human rights.
Kenyan case
In the Kenyan case, Mr Abdullahi argues that the decision to bar him and his firm from appearing before the highest court in the country violates his right to earn a living and is an upfront on his human rights.
He argues that the decision by the Supreme Court violated his rights to fair administrative action, access to justice and a fair trial.
He is seeking damages of Ksh200 million ($1.55 million) “or other sums to the applicant being the fees that the applicant forfeited for cases he had conducted before the Supreme Court.”
Tanzanian case
The Tanzanian case filed by Inclusive Development for Citizens and the Center for Strategic Litigation (CSL) is challenging an alleged statement by the District Commissioner (DC) of Dodoma, directing all heads of schools and education officers to compulsorily test schoolgirls for pregnancy every three months.
The government has denied the allegations, arguing that the DC’s directive was not implemented. Despite the laws being in contradiction with universal human rights requirements, lawyers argue Tanzania continues to apply them because they have yet to be expunged from the statutes.
When he appeared before the EACJ First Instance Division, the applicants’ lawyer Jeremia Mtobesya contended that the directive infringes provisions of the EAC Treaty.
He argued that the government’s policy on compulsory pregnancy testing and expulsion discriminates against girls, subjects them to degrading treatment and severely impacts their education and welfare.
The NGO wants the court to compel the government of Tanzania to focus on addressing the issue of teenage pregnancies through public education and awareness on sexual and reproductive health rights.
Tanzania, represented by Principal State Attorney Vivian Ishengoma and other lawyers from the Attorney-General’s office argued that girls are no longer expelled from schools for being pregnant but are instead allowed to return to school after two years.
They further contended that “the restrictions imposed by the Act on the right to education are permitted in law as the intend to preserve general discipline, ethics and morals in schools and are not in violation of the human rights of the girl child, as they were construed without exclusion of gender and in consideration of human rights as well as traditional and cultural norms and values of the Tanzanian society.”
Source link : https://www.theeastafrican.co.ke/tea/news/east-africa/kenya-tanzania-on-trial-in-regional-court-4791976
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Publish date : 2024-10-11 10:42:00
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