African Court Cases - Legal Grounds

LEGAL GROUNDS: Reproductive and Sexual Rights in Sub-Saharan African Courts

Legal Grounds III, Online edition, with updates and links to decisions:

Child, Forced and Early Marriage

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] Decision online. Decision in PDF

Sexual Abuse, Assault and Violence

Consensual Sexual Conduct

Student Pregnancy

Chapter Three: Maternal Health Care and Services

Abortion

  • Case no. RPA 0787/15/HC/KIG (High Court of Rwanda, Kigali) [2015] Unreported, . [legal abortion allowed for raped 13-year-old]. Official English translation (redacted to preserve victim privacy). Backup copy.
  • 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 not abortion] Decision online. Decision attached in PDF
  • Republic v Jackson Namunya Tali [2014] eKLR, High Court Criminal Case No. 75 of 2009 (High Court of Kenya at Nairobi). [Court convicts nurse of murder over abortion related death] Decision online. Decision attached in PDF.
  • *Republic v. Jackson Namunya Tali, [2017] Criminal Appeal No. 173 of 2016. Decision dated October 19, 2017. [Nurse Jackson Tali is acquitted by the Court of Appeal (Kenya) after 8 years awaiting death penalty.] Decision online. Decision attached in PDF. Press release by CRR.
  • *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. [Landmark Case of "JMM," wrongful withdrawal of abortion training and guidelines, clarified abortion legal after rape] (High Court of Kenya at Nairobi, Constitutional and Human Rights Division), Decision online. Backup copy. Case Comment by Benson Chakaya** Case Comment by Nimrod Muhumuza.
  • *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 Cause 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 oral abortion refusal by hospital. staff.] Decision online (Download:) Legal Brief by Lewis Bande and Godfrey Kangaude. Overview on Reprohealthlaw Blog.
  • *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)  Decision online. Backup copy. Press release by CRR. [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.]
  • *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 (2024), HH 552-24, HC 7364/23, 28 February & 22 November 2024 (High Court of Zimbabwe at Harare). Decision online. Backup copy. [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. This judgment awaits confirmation by the Constitutional Court to become operational.] Comment by Afya na Haki network.
  • *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) [“The State’s refusal to provide access to safe abortion in cases of rape constitutes a systemic failure to protect women . . . contrary to the fundamental principles of Article 18 of the African Charter.”] ECOWAS judgment online. Backup copy.  Case overview by Afya na Haki.
  • AC (a minor) v The Attorney General and Others [2025] Civil Cause No. 162 of 2023, decided October 28, 2025 (High Court of Malawi, Civil Division).[Court affirmed that a child survivor of sexual violence has the right to access a safe abortion under the Gender Equality Act (GEA).]  Decision online. Backup PDF Comment by the Nyale Institute. Case overview by Afya na Haki network.
  • Violet Zulu v The People (HPA/20/2025) [2026] ZMHC 14 (16 January 2026). Decision online.Backup copy [The High Court of Zambia overturned the conviction of a house cleaner, freeing her from a seven-year prison sentence for procuring her own abortion using herbs. Zambia’s liberal abortion law includes socio-economic grounds, but doctors are required for legal abortion and poor women cannot afford doctors’ fees.]
  • Highlight: Abortion and Fetal Interests

Wrongful Birth or Life

Adoption

Surrogacy

Rape

  • S v Chirembwe [2015] ZWHHC 162, CRB No. R 1006/12 (High Court of Zimbabwe at Harare) Decision online. [Sentence length for multiple rapes] 

Disability

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 Decision online. Awarded damages for sexual harassment at work.

Women and Criminal Law

Gender Identity, Intersexuality, Transgender Rights

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.] Decision online.
  • C.O.L. & G.M.N. v. Resident Magistrate Kwale Court & Others Petition No. 51 of 2015 (High Court of Kenya, Constitutional and Judicial Review Division). [Court allowed medical examinations including anal exams to prove crime of homosexuality] Decision on file.
  • *Teriah Joseph Ebah v. Federal Government of NigeriaSuit No. FHC/ABJ/CS/197/2014. Decision of October 22, 2014 (Federal High Court of Nigeria at Abuja) [Court evaded legalizing homosexuality on constitutional grounds by denying legal standing to the applicant. ] Decision online. Case comment by Ovye Affi.**
  • *["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 not legalized]  Decision online.
  • *Letsweletse Motshidiemang v Attorney General [2019] MAHGB-000591-16, Decision of June 11, 2019. (Botswana, High Court) Decision online. Article by Prof. Frans Viljoen. Case comment by Kutlwano Pearl Magashula** [gay sex decriminalized]
  • *Attorney General vLetsweletse Motshidiemang & LEGABIBO (Amicus Curiae)[2021] CACBB-157-19, Decision of November 29, 2021. (Botswana, Court of Appeal) Decision online. .[Decriminalization of gay sex confirmed on appeal.] Article by Carmel Rickard
  • *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) [The Anti-Homosexuality Act 2023 is constitutional.]  Comment by Nimrod Muhumuza on AFRICLAW.

Recognition of LGBTIQ Advocacy and Groups

Access to Treatment

Stigma, and Criminalisation of Transmission

Forced Sterilization

Discrimination in Employment

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. Decision online. Backup copy of decision.

Chapter Eight: Francophone Africa  /  L’Afrique Francophone

Download: Francophone Africa  /  L’Afrique Francophone

  • [Adultery / L’adultère] Décision DCC 09-081 Decision DCC 09-081 of 30 July 2009 of the Constitutional Court of Benin (adultery law unconstitutional). Decision in French on file. Decision en ligne.
  • [Polygamy / La polygamie] Décision DCC 02-144 of 23 December 2002 of the Constitutional Court of Benin (polygamy law unconstitutional) Decision in French on file. Decision en ligne.
  • [Infanticide / L’infanticide] Judgment No 216 of 13 December 2005 the Court of Appeal Niamey , Niger (distinction between abortion and infanticide) Decision on file, in French.

Online Legal Resources

Full Citation Information and Case Links

*Updates, not in Legal Grounds III, are marked with one asterisk.


 

** We thank Prof. Ebenezer Durojaye for facilitating this case comment, and others by African law students, marked with two asterisks.