Privacy of women in a civil suit
I am a married woman residing in Tanga. Recently, a summons was issued by a Court directing that I appear as a witness in a civil suit. The challenge is that according to the commandments of my religion, married women are not allowed to appear in public unless fully covered and accompanied by their husbands. Is there a way to accommodate my need for privacy?
Kindly guide me.
SH Tanga
Civil suits are governed by the Civil Procedure Code [CAP. 33 R.E. 2019] (the Civil Procedure Code). The privacy of women enjoined by religion or custom is respected by the Civil Procedure Code. Section 83 provides that women who, according to their religion or local custom, do not appear in public shall, when appearing or required to appear in Court pursuant to any process issued by the Court, be accorded such facilities for maintaining their privacy as may be reasonable and practicable. Nonetheless, the law is clear that this section does not exempt such women from arrest in execution of civil process. In that regard, the Court that summoned you is required to accommodate your need for privacy. Giving prior information to the Court about your religious needs will assist in the hearing preparations.