property. The property in question is a farm called Tigoni Farm,
comprising 118 acres.
6. The Complainants submit that in 2001, Mr. Peter Echaria appealed against
the decision of the High Court to the Court of Appeal and in February
2007, the Court of Appeal set aside the ruling of the High Court and
reduced the Victims share of the matrimonial property to a quarter of the
assets.
7. The Court of Appeal being the highest court in Kenya, the Complainants
contend that the Victim has no further recourse before a Kenya Court.
Articles alleged to have been violated
8. The Complainants allege violation of Articles 2, 3, 14, 18(3) and 19 of the
African Charter.
Prayers of the Complainants
9. The Complainants urge the African Commission to:
a) Find violations of the Charter Articles enumerated above and
b) Recommend to the Respondent State to enact legislation aimed at
effecting the property rights of married women before a specific
time.
Procedure
10. The Complaint dated 10 September 2009, was received at the Secretariat of
the African Commission on 22 September 2009. By letter dated 29
September 2009, the Secretariat acknowledged receipt of the Complaint
and informed the Complainant that it would be considered for seizure
during its 46th Ordinary Session.
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