Frequently Asked Questions
Q: What steps can I take to compel a parent of a child to support/ maintain that child?A: The first step is to refer the matter to the nearest Children officer, who should summon him/her for a discussion. In most cases it is possible to enter into an agreement at this stage. If the parent fails to honor the agreement signed before the Children’s Officer or fails to make any commitment the matter can then be filed at the nearest children’s court.
Q: How does one enforce a maintenance judgement?
A: Where the person against whom judgement is obtained fails to comply, the aggrieved party may apply to court under Section 101 of the Children Act or Order XXI of the Civil Procedure Rules. These provisions allow for various modes of execution e.g. attachment of salary, committal to civil jail, attachment and sale of the defendant’s property etc.
Q: What is the difference between Rape and Defilement?
A: Rape refers to sexual assault where there is actual penetration of the genital organs of one person by another. Defilement refers to sexual assault of a similar nature to a person under the age of 18.
Q: Can a parent be compelled to provide for a stepchild or a child born out of wedlock?
A: Yes, under the Children Act the court may direct that a parent provide maintenance child born out of wedlock or a stepchild. The Act spells out the conditions that ought to guide the court in exercising its discretion.
Q: At what stage does liability to maintain the child arise before or after birth?
A: Under the Act, a child is defined as a person under the age of 18. Liability to maintain is therefore only after birth.
Q: Is one spouse automatically entitled to property acquired and registered in the name of the other spouse during the subsistence of the marriage?
A: According to the most recent decisions of the Court of Appeal in Kenya, No. A spouse has to establish actual contribution towards the acquisition of the property and also demonstrate that it was the common intention of the parties that he/she have a share in the property.
Q: Can a married daughter have a claim to a share of her parent’s estate?
A: Yes, the Succession Act allows this and our courts have repeatedly held so.
Q: Why does FIDA Kenya represent only women?
A: FIDA Kenya’s mandated is only to represent needy women as outlined in our constitution. We however, refer men visiting our legal clinics for advice to other organizations, e.g. Kituo cha Sheria and others.
Q: Is FIDA Kenya a government institution/organization?
A: No. FIDA Kenya is a non-governmental, non-partisan, non-profit making organization. It is not in any way affiliated to the government, however; it works in close partnership with government institutions like the Children’s Department and the Police Department to assist women access justice.
Q: Who is eligible to become a FIDA member?
A: Any female Lawyer in Kenya and any female law student may become a FIDA member upon payment of the prescribed requisite membership fee. However a man or woman not necessarily fitting in the above criteria may partner with the organization to become a Friend of FIDA by contributing a sum of money to the organization in support of the organizations activities.
Q: Where are FIDA Kenya offices located?
A: FIDA Kenya secretariat is located in Nairobi on Amboseli Lane, off Gitanga Road Lavington Area PO Box 46324,00100 Nairobi. Tel. 020-3870444 Fax. 020-3876372, Email. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
FIDA Kenya Kisumu is located at Milimani Estate off Tom Mboya Drivel, PO Box 19219 40100 Kisumu; Tel: 057-2025560 Fax:057-2023160 Email:
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FIDA Kenya Mombasa is located at Kizingo East Road, Next to Lakeside Apartments off Mama Ngina Drive,PO Box 80687 80100 Mombasa;
Tel: 041-224500 Fax: 041-2313611
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Q: What types of cases does FIDA Kenya handle?
A: We handle cases with a gender bias and predominantly family Law which include divorce & separation, division of matrimonial property, succession, children cases and land cases. We also conduct cases such as sexual harassment, employment cases and cases that are of the nature of gender based violence. FIDA also files public interest cases that seek to reform laws and policies that affect women.
Q: Does a woman pay any legal fees at FIDA?
A: We do not charge legal fees. The only fees that a woman has to remit at FIDA is a registration fee of Kshs. 500, upon opening a file, court filing fees and process service fees.
Q: Does the organization have an internship policy?
A: Yes. Any person regardless of gender may apply for internship or to become a volunteer at the organization. The person is required to duly fill a form and attach necessary documents and testimonials for the position. Persons meeting the required qualifications will be called for interviews whenever there is a vacancy. The organization also takes in foreign students for internship.
Q: How long does a case take to be heard and determined?
A: FIDA Kenya has no control or influence in this matter. The duration of a case will depend on the court’s diary and sometimes on the clients’ vigilance as we have had instances of clients who disappear for years and only resurface when the problem reappears. We however endeavor to have our cases concluded as soon as we can
Q: Which days does FIDA Kenya attend to clients?
A: FIDA attends to new clients on Tuesday and Wednesday from 8am to 1pm and clients with prior appointments between 2pm to 4.30pm. The legal aid clinic is closed on public holidays and on prior notice by the organization’s management. The new clients are seen on a first come first serve basis.
Q: In areas where FIDA does not have an office, where can a woman access justice?
A: FIDA has a pro bono lawyers scheme, which consists of external advocates who take up matters referred to them where a woman in need of justice is not resident within close proximity of FIDA Kenya offices.
The organization also works in close relationship and partnership with other partners who may have branches in various parts of the country and with whom we can work together to ensure that women access justice.
