The Legal, Complaints and Investigations department is tasked with handling all legal issues in the course of the Commission’s execution of its mandate more specifically to:-
- Receive, process and investigate complaints from any person who alleges that their fundamental rights against discrimination and gender equality have been violated. Such investigations are commenced through the Commission’s own initiative or from received complaints.
- Co-ordinate and offer redress in line with the Commission’s mandate through public interest litigation, Alternative Dispute Resolution, public inquiries.
- Ensure compliance by the Commission of its legal requirements and provide general legal counsel.
Who can make a complaint?
- Any person aggrieved by the matter complained of;
- If the aggrieved person is dead or otherwise not able to act for himself or herself, by a member of his or her family or other person suitable to represent the aggrieved person or
- By a member of the National Assembly with the consent of the aggrieved person or other person who is entitled to make complaint on behalf of the aggrieved person.
Form of Complaint
The complaint can be lodged in any of the following modes:
- Orally in which case the same has to be reduced into writing;
Complaints that cannot be investigated by the Commission
- Matters pending before any court or judicial tribunal;
- Criminal offences;
- Issues concerning foreign states or international organizations;
If the complaint is not made in good faith;
- Anything for which there is a right of appeal or another legal remedy (unless such right or alternative remedy is not reasonably expected); and
- Any matter for the time being under investigation by any other person or Commission established under the Constitution or any other law.
Through its referral mechanism, the department works closely with relevant state organs, Commissions and other organizations in fulfillment of the Commission’s mandate.
The legal Department has been able to deliver the following;
- Arbitrated and have been amicus of Court in 5 cases in respect of equality and inclusion.
- Commanded the process of developing a framework towards realizations of the not more than two-thirds gender principle
- Undertook three public interest litigation cases on matter of discrimination and inclusion
- Issued over 20 advisories on equality and inclusion matters to the President, Judicial Service Commission, Ministry of Health and Other Government Agencies
- Reviewed over 120 bills and policies at national and County levels
- Received and processed 52 complaints on matters relating to equality and freedom from discrimination
- Developed a handbook for National and County Assembly legislators to promote gender equality and inclusion in law making process
- Documented a journey in search for a framework on implementation of the two-thirds gender principle