Justice at Last: The Long Road to Victory for Margaret Amango Jumba

In 2017, Margaret Amango Jumba’s life took a painful turn. After seven years of dedicated service as a house help to Ms. Julie Ondeyo, her employment was abruptly and unfairly terminated not through a formal discussion or proper notice, but via a cold and impersonal text message. Ms. Ondeyo had also promised to pay Margaret her terminal dues, a promise she never fulfilled. As for Margaret, this was not just the loss of a job, it was a violation of her dignity and rights.

With nowhere else to turn to, Margaret confided to a friend who told her about Kituo cha Sheria – Legal Advice Centre, a beacon of hope for many workers in Kenya’s informal sector. She visited Kituo’s offices and met the then Legal Officer, Mr. John Mwariri, who listened to her story with empathy and resolve. After thorough screening, Kituo took up her case and immediately sent a demand letter to Ms. Ondeyo. Unfortunately, the letter was ignored. Follow-up efforts were met with silence. When Kituo attempted to serve Ms. Ondeyo personally, she allegedly used her staff to intimidate both Margaret and the organization’s officers.

Determined to seek justice, Kituo cha Sheria filed a case on Margaret’s behalf at the Employment and Labour Relations Court (ELRC), Milimani, under case number ELRC/1001/2017. Despite being duly served and receiving legal notices, Ms. Ondeyo consistently failed to respond or appear in Court.

On 28th February 2024, after years of perseverance, Hon. Justice Dr. Jacob Gakeri delivered a judgment in favor of Margaret Amango Jumba. The court awarded her Kshs. 300,000 for unfair termination and unpaid dues. However, even after this decisive ruling, Ms. Ondeyo refused to accept service of the court judgment and failed to comply with the order.

In response, the court issued a warrant of arrest against her. To enforce the ruling, Kituo cha Sheria hired a private investigator to trace Ms. Ondeyo’s whereabouts and locate her place of work. It was through this intervention that she was finally served. Faced with mounting legal pressure, Ms. Ondeyo eventually complied and made the full payment.

Margaret expressed deep gratitude to Kituo cha Sheria for standing by her throughout the ordeal. She shared that, through this journey, she has been legally empowered and had a better understanding of her rights and the courage to stand up for them. What began as a painful injustice has transformed into a powerful story of resilience and triumph.

This case is not just a personal victory, it is a win for all domestic workers, vulnerable employees, and every Kenyan who believes in the promise of the Constitution and the power of fair labour practices. Margaret’s story is a testament to the importance of accessible legal aid and the relentless pursuit of justice.

Written by; Rony Alal

Unmasking Mental Health: Breaking the Silence, Embracing Authenticity

 

Every May, the world pauses to observe Mental Health Awareness Month, a vital opportunity to reflect, connect, and take meaningful action on the realities of mental well-being. This year’s theme, “Unmasking Mental Health,” offers a powerful invitation: to remove the layers we often hide behind and speak openly about our emotions, our needs, and our healing journeys. It calls on us to create safe spaces, normalize difficult conversations, and build strong community support systems where no one has to navigate mental health challenges alone.

The idea of unmasking is deeply symbolic. In a world that frequently values productivity over personal well-being, many people are pressured to conceal their pain behind smiles and suffer in silence. To unmask mental health is to bravely acknowledge our inner battles and allow others the same freedom, without fear of stigma or shame. It means embracing our authentic selves not only in private, but also in our homes, schools, workplaces, and communities. True change begins when we recognize that mental health is not an individual burden, but a shared responsibility.

As Mental Health Awareness Month comes to a close, we are faced with a critical question: What lasting impact has it made? Beyond social media posts and organized events, have we seen a meaningful shift in how society understands and addresses mental well-being?

Mental health must not be treated as a seasonal topic or a once-a-year campaign. It deserves a permanent place in our daily conversations and actions. Our minds are with us every day just like our bodies. Mental well-being is essential to how we live, connect, and thrive.

Unmasking mental health means stripping away the silence, fear, and stigma that too often surround it. It means recognizing self-care not as a luxury, but as a necessity. Whether through rest, reflection, meaningful connection, or professional support, we must prioritize what works for people of all ages children, youth, adults, and the elderly so that everyone has the opportunity to attain and sustain good mental health.

One of the most impactful steps we can take is integrating mental health education into school curriculums. From an early age, children should learn that it is okay to talk about their feelings, ask for help, and support one another. Normalizing mental health discussions in education lays the foundation for a generation that is emotionally intelligent, resilient, and compassionate.

But the work cannot end here. As we move beyond the month of May, let us continue to support one another. Let us listen without judgment, speak with kindness, and act with empathy. Together, we can break the silence, dismantle the stigma, and build a society where mental well-being is not only recognized but fully embraced.

As we reflect on Mental Health Awareness Month 2025, one truth stands out: Unmasking Mental Health is more than just a theme it’s a movement. It calls us to move beyond awareness into sustained action. It urges us to advocate for inclusive policies, foster supportive environments, and honor every part of ourselves and others including the parts we’ve been taught to hide.

Kituo Cha Sheria remains steadfast in its commitment to this work. We will continue to speak up, show up, and stand with all those navigating mental health challenges. Together, we can create a society where mental health is no longer masked in silence, but met with understanding, compassion, and transformative change.

To support this journey, we encourage you to explore practical ways of unmasking mental health in everyday life. Watch https://www.youtube.com/watch?v=xnPEK_uqpn0&t=29s and https://www.youtube.com/watch?v=ElVo7_oekSc&t=300s  for insights on creating a supportive, stigma-free environment. These resources remind us that unmasking begins with awareness—but must lead to action.

By Rony Alal

Department of Refugee services obligations and responsibilities regarding Refugee right to family unity

Legal Right, Humanitarian Principle, and Key to Durable Solutions

The right to family unity is inherent. This right applies to all human beings, regardless of their status. Few human rights instruments, however, are explicit about how and where this right is to be effected in relation to families that have been separated across international borders.

For refugees and those who seek to protect them, the right to family unity implies a right to family reunification in a country of asylum, because refugees cannot safely return to their countries of origin in order to enjoy the right to family life there (Refugee Protection in International Law UNHCR’s Global Consultations on International Protection, pp. 555 – 603)

The integrity of the refugee family is both a legal right and a humanitarian principle; it is also an essential framework of protection and a key to the success of durable solutions for refugees that can restore to them something approximating a normal life.

Respect for the right to family unity requires not only that States refrain from action which would result in family separations, but also that they take measures to maintain the unity of the refugee family and reunite family members who have been separated, especially where the refugee family has no realistic possibilities for enjoying that right elsewhere. ( UNHCR, Summary Conclusions, Family Unity, above fn. 5, para. 5)

The separation of families when people flee persecution and conflict can have devastating

consequences to their wellbeing and ability to rebuild their lives. At the moment of flight, families are forced to leave without knowing if their families are safe. Once in safety, refugees are

often unaware of the whereabouts of their family. (See generally, UN High Commissioner for Refugees (UNHCR), Refugee Family Reunification. UNHCR’s Response to the European Commission Green Paper on the Right to Family Reunification of Third Country Nationals Living in the European Union (Directive 2003/86/EC), February 2012, available at: http://www.refworld.org/docid/4f55e1cf2.html, p. 3)

The Problem of Geographic Separation within Kenya

The Department of Refugee Services (DRS) plays a central role in ensuring refugees family unity. However, current practices during admission, status determination, and designation of residence leads to family separation. For instance, assigning residence to some family members in Nairobi while placing others in Kakuma or Kalobeyei undermines their right to family unity. The Department of Refugee Services should take proactive steps to ensure family unity is a key principle consideration when placing refugees in designated areas.

Protection of the right to refugee family environment requires that the states (department of refugee services) not only refrain from actions which could result in family separation or other arbitrary interference in the right to family life, but also take positive measures to maintain the family unit, including the reunion of separated family members.(CMW and CRC Committees, Joint General Comment on the general principles regarding the human rights of children in the context of international migration, above fn. 24, para. 27.)

Jurisprudence

In Marckx v. Belgium, it has ruled that “ensuring respect for family life is an obligation for the State to act in a manner calculated to allow these ties to develop normally” and “to allow those concerned to lead a normal family life.( Marckx v. Belgium, Application No. 6833/74, ECtHR, 13 June 1979, available at: http://www.refworld.org/docid/3ae6b7014.html, paras. 45 and 31.) this principle that the State may be required affirmatively to promote family life has been repeated in the case, Gül v. Switzerland.

Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023) where the issues to the Right to dignity and family life was raised and determined.

LEGAL PATHWAYS TO REFUGEES INTEGRATED SETTLEMENTS: HOUSING, LAND AND PROPERTY RIGHTS.

Introduction

Housing, land and property are rights guaranteed under Article 13 and 21 of the convention on the status of Refugees 1951. Refugee in Kenya face barriers in leasing land and houses much alone own one. As results refugee often end up in substandard housing, residing in informal settlement with insecure rights which negatively affects their health, access to education and economic status.

The Shirika Plan: A Bold Vision for Integrated Settlements

 The government of Kenya’s’ bold, Socioeconomic Hubs for Integrated Refugee Inclusion in Kenya- Shirika Plan envisions in its core pillars, “transforming the refugee camps into integrated settlements supporting the socioeconomic inclusion of refugees and hosting communities in Garissa, Turkana, and urban areas.

The four Core pillars of the Shirika Plan are;

 (i) Ease the pressure on refugee-hosting communities in Garissa, Turkana, and urban areas by mobilizing additional financial, technical, and material support in the spirit of responsibility sharing;

 (ii) Facilitate the transition from refugee camps set up to integrated human settlements and robust economic hubs;

(iii) Enhance refugee and host community socio-economic inclusion for enhanced self-reliance and resilience;

(iv) Facilitate the transition of refugee basic service delivery from humanitarian-led approach to government systems.

I will delve into the second pillar, “transition from refugee camps set up to integrated human settlements.”

Legal Framework for Land Rights in Integrated Settlements especially the Community land.

Chapter 5 of the constitution Of Kenya, mandates that land be held, used and managed in an equitable, efficient, productive and sustainable manner.

 Land in Kenya is held in three tenure regimes public, community and private. (Article 63 COK)

Community land tenure, is the common land tenure held in Turkana and Garissa hence it will be the base of our discussion with regards to the Kenyan law response to the “Refugee Integrated settlement” vision.

 Community land is vested in communities identified based on ethnicity, culture or similar community of interest. The County government holds unregistered land in trust for the communities for which it is held.

 The Constitution expressly dictates who and/or what constitutes a community for the purposes of landholding. The Community Land Act, however regulates the designation of various land use rights on community land of interest, more specifically, Section 29(b) and (g), provides the use of the land as settlement areas; and any other purpose as may be determined by the community, county government or national government for the promotion of public interest respectively.

 It would be important to note that sometimes there is conflict between the government and communities, on what a particular piece of land has been set apart for by the government and what the locals believe their ancestors or their culture stipulates, which conflict is to be anticipated in this engagement.

With the passing of the Refugee Act, 2021, (Section 28 (4), which gives refugees the chance to be gainfully employed and take part in Kenya’s economic and social development, will result in a noticeable and welcome improvement to Kenya’s response to refugees by working toward a whole-of-government approach to unlocking the potential for refugees in the country to significantly boost Kenya’s economy, where renting and leasing property will contribute to the Shirika vision.

Key Considerations for Implementing Integrated Settlements.

In conclusion, the responses that the author foresees in the implementation of the bold “Refugee integrated settlement is;

First, community land must be used for the benefit of the community, in compliance with the law and the rules and regulations established by the community. However, community land may be used by the county government or the national government for the promotion of public interest. (CLA Section 29 (g))

The Constitution on matters of compulsory acquisition, (COK, Article 40, Land Act, CLA section 6) stipulates that occupant of a piece of land and registered owners are to be paid compensation when land is taken for public purposes. Compensation will be held by the county government and released to the community as soon as the property is registered.

Second, On leases, it good to note that a registered community, with the approval of the members of the said community, may cancel a leasehold if the lessee fails to comply with the requirements or adhere to any restrictions imposed by or under any law pertaining to the utilization of the land to which the right relates or the rules and regulations of the community. (CLA, Section 33)

Third, the adoption of the social Tenure Domain Model

Kituo Cha Sheria and NRCICLA have taken the mantle to educate the refugees and the host communities in Kakuma and Daadab on Housing, land and property rights by providing, information, counseling and legal assistance.

By Rachael Wahome - Legal-KCS-FMP

 

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