An activist is calling for inclusion of a family law in the national constitution that would protect the rights of women in times of marital disputes.

Aluel Naomi – the team leader for Sexual and Gender Based Violence at the advocacy group, Crown the Women, said the customary law that is usually applied when tackling family disputes only favors men.

The Transitional Constitution stipulates that: “All persons are equal before the law and are entitled to the equal protection of the law without discrimination.”

However, it also states that, in the absence of any article in the constitution that addresses a specific issue, then the customary law prevails.

But Ms Naomi said once family laws become part of the constitution, both men and women shall receive fair treatment in resolving family matters.

She added that the customary law has been oppressive against women since it was built on cultures and traditions that are oppressive to women.

“We all know that when we take these cases to the customary court, the woman has no chance completely. So when you send a woman back to that space, you are basically telling her that give up on this fight because she knows she’s not going to win,” Aluel Naomi continued.

“So if we have these issues addressed at a constitutional level instead of constantly sending women back to the customary law because there’s no win for us at the level.”