Daughter sues monther who forcefully attempted to marry her off
Why woman has taken her mother in court over forceful marriage
Woman takes mother head on after she attempted to marry her off, physically assaulting her
A woman has moved to Milimani High Court Human right Division to seek orders against her alledged abusive mother who had planned to forcefully marry her off.
AMINA ALI SHEIKH through her lawyer Yashim Butende of Rukungu Mwongela Yashim and Co-advocates, has filed the application under a certificate of agency seeking conservative orders to help her from being married off by her mother HALIMA ADEN whom she accuses of subjecting her to suffering and misery.
” THAT the applicant/petitioner has been under physical assault and
abuse occasioned by respondent( her mother) who has ill-motive and selfish desire of marrying the her off contrary to the believe and choice of the petitioner,” said Lawyer Yashim on behalf of the applicant.
She says in court papers that she was informed by the housekeeper on how the plans to marry her were on top gear.
” THAT the Applicant is being forcefully being married off by HALIMA ADEN who is the respondent in the case, Lawyer Yashim has informed the court that the applicant was informed by their housekeeper that the Respondent was planning to forcefully marry her off contrary to the law,” court papers say.
The court has been informed that upon realizing that, the woman parked her belonging and vanished for her safety.
” THAT the Applicant on puzzling out the aforementioned laid down plan, crammed two boxes with her belongings called for a motor vehicle pick-up and vanished,” the court has been informed.
Lawyer Yashim has also informed the court that the woman was to be married off after an elaborate plan by the mother , stepfather and some of the neighbours who had hired some goons to help execute the plan.
” THAT the Applicant almost didn’t make it out of the house following
the intransigence by the Respondent and the nearby neighbors and despite the commotion her stepfather and the neighbors caused,
the Petitioner was able to get away. The mother who is the respondent in the case and a group of certain neighbors who wanted to marry her off had alledgly hired a group of Rendile young men whose job included detaining the Applicant and monitoring her movement,” the court has been informed.
The woman managed to move away despite the opposition from the said group, Yashim added in court papers.
” THAT the Applicant managed to get away despite the hostility of the hired men and the Respondents and she went to stay at a hotel in Ngong, Kajiado county
where she stayed for two nights and during this period the woman tried to contact different people in hopes of getting help,” the court has been informed .
The court has also been informed that the woman later got some help from Amnesty Internationaland and Usikimye Organisation, the court has been told
” The days she spent in the hotel, she managed to get help from
Amnesty international and Usikimye organization.
Ironically after she went missing, the mother reported her as a missing person.
” THAT that the Respondent reported the Applicant as missing,
occasioning the police showing up at the place where she was seeking
refuge, picked the Applicant and escorted her to Lang’ata Police station. THAT on the 18/1/2023, the police showed up at her apartment
claiming that the petitioner had been reported as missing person,” Yashim added in the petition.
The court papers shows that the woman was then taken to Langata Police Station where she was assisted by Mr. kiprono from amnesty and the detectives from langata police station never arraigned her in court nor informed her the offence committed but rather handed her over to the
respondent whom in turn placed the applicant/petitioner in a
rehabilitation center with false information that she was mentally
incapacitated,” court papers reads in parts
The woman was forcefully placed at a
rehabilitation center in Eastleigh with the desired result of impeding her
movements and expression, that she was held in Al mustaqim
rehabilitation center where she was taken after being kidnapped and held there until the BBC documentary was released,” read the court papers in parts.
The court papers shows that the Rehabilitation center became a dossier of expose via BBC
which prompted the applicant/petitioner to be let free as the center
was made to shut down.
” THAT upon the expose’ by BBC the applicant was rescued by amnesty
international Kenya and usikimye organization.
and the Petitioner was then escorted to a safe house in Ngara after which she was handed to Usikimye and Amnesty international, a safe house which is operated by Usikimye, where she has been staying up to the time of filing this petition” the court papers reads in parts.
Yashim further on behalf of the we woman says in court papers that the group that had been hired to execute the marrying her plot still followed her to the said place hence violating her rights.
” THAT the hired Somali (rendile) group of youths follows the Applicant’s movements in compliance with the instructions discharged
to them by the Respondent in order to abduct her and marry her off contrary to the wishes of the applicant/petitioner and the above mentioned actions violate the provisions of
Article 19(2) of the Constitution of Kenya 2010 which sets out to have the right of inherent dignity protected,” the court has been told.
Lawyer Yashim has informed the court that the act violates the constitution and is illegal.
” THAT the Respondent actions have caused adverse and/or
inimical effects to the Applicant and the Applicant is living in fear and mental anguish as a result of several men consistently following her with the intention to abduct her to marry her off as per the wishes and selfish desires of the
respondent of the Respondents,” he told the court.
The Woman now wants the court to issues temporary relieve to her to stop the foresaid illegal motive.
” THAT pending the hearing and determination of the petition, that this
Honourable Court issue a conservatory order restraining the
Respondents or their agents from dealing with the Applicant in any
manner whatsoever that intimidates her rights as envisioned in the
Constitution of Kenya, THAT pending the hearing and determination of the petition, this Honorable court do issue a temporary restraining THAT pending the hearing and determination of the petition a
temporary order restraining the Respondents from taking further retrogressive actions that undermine the rights of the Applicant as provided for under the Constitution of Kenya 2010, THAT this Honorable Court be pleased to allow the hearing of this
application and the petition on a priority basis due to the urgency and sensitivity of the matter before this Honorable court, THAT the costs of this application be provided for , THAT the Court be pleased to issue any other relief as court may deem
fit and just to grant.
WHICH APPLICATION is based on,” it reads.
The woman is yet to respond to the petition