Case for the 2nd Claimant
9.
The 2nd Claimant made similar claims as the 1st Claimant and filed a sworn
statement of its Executive Director, Dominic Makawa Samuel. During the
hearing, he duly adopted the same and was cross-examined. However, we
shall not deal with this piece of evidence as we have concluded below that the
2nd Claimant does not have locus standi before this Court.
Case for the Defendants
10. The Defendants, in their respective defences, stated that the impugned
sections are constitutional and justifiable under section 44 of the Constitution.
They also invited this Court to strike out the 2 nd Claimant’s case for lack of
standing.
11. Counsel for the Defendants filed skeleton argument and made oral
submission, for which the Court is grateful.
Brief by the Amici
12. The Amici filed a detailed brief and made oral submissions, through Counsel.
The Court has considered the same in resolving the challenge herein and shall
make specific reference to the brief where necessary. Otherwise, in summary,
Counsel drew the Court’s attention to the State’s domestic and international
legal obligations to eliminate discrimination against women working as
domestic workers. This was achieved by focusing on the relevant historical
context contributing to the exclusion of domestic work from social protection.
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