Shifting the Public Narrative

ISLA’s work pervades the courtroom. In a bid to contribute to the public narrative on the rights and the causes that we advocate for, reach new audiences, attract new constituents to the work that, our Team and Partners author books and articles, engage in media interviews, and produce reports.

1. Library of Perspectives, ‘Walking the Path of Feminist Liberation’, Sibongile Ndashe

Walking the Path of Feminist Liberation, a short book published by Sibongile Ndashe as part of the Human Books collection of the Library of Perspectives, allows an insight into who Sibongile is; the experiences that have shaped her social and political consciousness; her belief in the importance of community; and her founding of ISLA. Sibongile shares that she founded ISLA with the aim of developing a pool of feminist and movement lawyers to hold states to account, as well as to develop feminist jurisprudence on gender and sexuality. The book is a short read, divided into three modules: Knowing Sibongile, Walking the Path of Feminist Liberation, and Finding Support and Courage.

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2. Sibongile Ndashe in Conversation with NewzRoom

• State accountable for failure to convict Omotoso, 3 April 2025

Sibongile Ndashe –  together with Lisa Vetten from the Southern Centre for Inequality Studies, Wits University – discuss the National Prosecuting Authority’s failure to secure the conviction of Nigerian televangelist Timothy Omotoso. Sibongile asserts that this is not the end of the road for the victims; there is the avenue to argue that the state failed to act with due diligence in prosecuting the case. In this way, the state failed in its obligation to protect the victims contrary to national and international law.

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• Emojis in the spotlight at Mbenenge Tribunal, May 10 2025

A forensic linguist told the Judicial Tribunal that Eastern Cape Judge President Selby Mbenenge used sexually suggestive emojis in chats with complainant Andiswa Mengo, his clerk. Sibongile Ndashe unpacks the legal weight of emojis, discussing that emojis must be interpreted not in isolation but as part of a continuum of messages and within a broader context and evidence pool. She also notes that power differentiation must be taken into account in determining whether the messages from Judge Mbenenge were unwarranted or not; as power plays often prevent victims from responding aggressively or sternly.

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• Mixed reactions to NPA’s decision on minor’s alleged rape case, 17 May 2025

Sibongile Ndashe, together with Not In My Name’s Secretary-General Themba Masango, weigh in on the National Prosecuting Authority’s decision not to prosecute anyone in the alleged rape case involving a Matatiele minor due to insufficient evidence of rape of sexual assault. Sibongile argues that there ought to be a fact finding report in order to extensively investigate the criminal justice system’s handling of the issue, as well as to probe the role that key government departments have played in the matter.

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• Outrage after Olorato Mongale’s murder, 27 May 2025

Sibongile Ndashe discusses yet another femicide case in South Africa – the murder of Olorato Mongale, a 30-year-old student whose body was allegedly dumped on the side of the road by her date. During this interview, Sibongile discusses the high rates of GBV in South Africa, and the victim blaming narrative that persists in the society.

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• Debate around interpretation of power in workplaces, 5 July 2025

Sibongile weighs in on the public debate on power, consent and sexual harassment in the work place. This follows the Judicial Conduct Tribunal’s Investigation of Eastern Cape Judge President Selby Mbenenge workplace conduct. The Judge has been accused by his Clerk of sexual harassment, due to such conduct as sending after hour WhatsApp messages and demands for nude pictures. Sibongile explores what type of conduct constitutes sexual harassment, arguing that power dynamics and a failure to disclose a relationship in the work place make it nearly impossible to claim that the nature of the Judge’s and Clerk’s relationship was consensual. Sibongile also looks into the Defence’s argument that the Complainant failed to understand the cultural context of the Judge’s messages. Culture, Sibongile reasons, cannot be used to defend sexual harassment or GBV.

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3. VAW case in the spotlight

• Wairimu Muthoni Wachira & CREAW vs Attorney General.

Standard Newspaper, ‘No, let’s not “move on” from injustices’, Irũngũ Houghton, May 3 2025

Irũngũ – Executive Director of Amnesty International Kenya – writes in this newspaper article about the import of strategic litigation where Kenyan investigative officers and prosecutors fail. He highlights Wairimu Muthoni Wachira & CREAW vs Attorney General wherein Wairimu Muthoni sued Super Metro for forcibly pushing her out of a city matatu, beating her and stealing from her. The Court ruled that the victim be paid Kenya Shillings 420,000 in damages and compensation.

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4. WSER cases in the spotlight

• MNK v POM

ESCR-Net, ‘MNK vs. POM’, 27 January 2023

The case of MNK v POM was featured in ESCR-Net. The case invoves an umarried couple that had been cohabiting for over 20 years, The Supreme Court distinguishes between the presumption of marriage and long cohabitation, acknowleding that ‘family formed unions’ within the context of long cohabitation need to be legally recognised and protected.

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• ELRC Petition No E038 of 2023

Global Alliance Against Traffic in Women, ‘Reframing Narratives: Anti Trafficking from the Ground Up’, Issue 1, April 2025

ELRC Petition No E038 of 2023, wherein ISLA and Federation of Women Lawyers in Kenya joined as amici, was featured in Global Alliance Against Traffic in Women’s report. The Petition seeks to hold the Government of Kenya accountable for the alleged human rights violations endured by the Petitioners in Saudi Arabia under the Kafala system.

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5. Reflections on 12 Years of Defending the Constitution, ‘Examining the Contribution of the Supreme Court Jurisprudence in the Practice of Amicus Curiae in Kenyan Courts’, Carolene Kituku, 2025

In this paper, Carolene discusses the constitutional foundation of amicus practice, and considers the contribution made by the Kenyan Supreme Court in the growth of amicus practice.

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6. ‘Kenya’s abortion law reform: A tale of hope and despair’, Nerima Akinyi Were and Saoyo Tabitha Griffith

Book chapter in ‘Kenya’s abortion law reform: A tale of hope and despair’, edited by Charles Ngwena, Ebenezer Durojaye, Satang Nabaneh & Nkatha Murungi, 2025.

In this book chapter, Nerima and Saoyo analyse the history of abortion within the Kenyan jurisdiction, finding that the Constituion of Kenya, 2010’s shortfalls have led to the denial of reproductive rights and access to safe abortions free of criminalisation.

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7. ESR Review, ‘Enhancing Respectful Maternity Care and Eliminating Obstetric Violence: The African Union’s Human Rights Framework’, Kerigo Odada, Satang Nabaneh and Mai Aman, 2024

In this article, Kerigo Odada, Satang Nabaneh and Mai Aman explore the role of African human rights mechanisms in safeguarding the right of birthing persons to receive respectful and violence-free maternity care.

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