Kenyan Woman Issue 13

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Issue Number 13 • Januar y 2011

Issue Number 13 • January 2011

Commission offers hope Body to manage law reforms renews faith in implementation process

…By Jane Godia

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hile 2010 ended with despair over whether the Constitution implementation will take place, the new year started on a positive note with the President signing the Constitution Implementation bill. By appending his signature the Bill, the President put on track the Constitution implementation process. This saw the Constitution Implementation Commission team being sworn into office. The President’s action was an indication of his true spirit towards ensuring the reform process as set out in the National Peace Accord. The Commission is headed by city lawyer Charles Nyachae. However, as per the new law, gender balance is integrated into its composition. Three women Ms Catherine Mumma, Dr Francesca Omosa and Dr Elizabeth Muli were nominated to join the team. Time is not on the Commission’s side and the team that was sworn in is already two months behind schedule. It is calling for support from Kenyans to ensure that it fulfils its responsibility. “We will begin by constructural engagement with the Kenyan people,” said Nyachae immediately after taking oath of office. The Commission, which will work on a five year term will report to the Constitutional Implementation Oversight Committee chaired by Mandera Central Member of Parliament Mr Mohammed Abdikadir. The Commission will coordinate with the Attorney General and the Kenya Law Reform Commission in preparing and tabling to Parliament legislation to put to effect the new

Constitution within the deadline. The Commission will review the existing laws to ensure they conform to the new Constitution. It will liaise with the Committee to ensure that Parliament passes 49 bills. The Commission is expected top fast track its work so it keeps within the schedule set in the new law.

The Commonwealth Secretariat has provided a team of international experts to help in speeding up the drafting of bills. Four foreign legal experts are to help in the preparation of crucial bills required to enforce the constitution. The experts are Mr Michael Shane Wright from New Zealand who will assist in drafting Continued on page 4

Members of the Constitution Implementation Commission (CIC) pose for a photo with the Minister for Justice Mutula Kilonzo (third left) and outgoing Chief Justice Evans Gicheru (centre). Picture: Correspondent

EDITORIAL

Women cry out for justice as ICC names top six suspects

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owards the end of the year, the International Criminal Court (ICC) raised a huge storm in Kenya by naming six prominent Kenyans as having been the architects of the post election violence that shook the country in December 2007. The six named are accused of various crimes including murder, rape and destruction of property. The aftermath of the post election violence that saw neighbour turn against neighbour, left many Kenyans without a roof over their heads. For the women of Kenya, the post election violence is a period many would not like to relive. Majority of the women suffered traumatic experiences during this period. Women were raped and beaten for the mere fact that they either belonged to a certain community, were married to a certain community or simply for the fact that they are women.

Today, many of these women are nursing emotions and wounds that might never heal. Today majority of these women are living with terminal diseases such as Aids, contracted from the events of the post election violence. Today majority of these women are bringing up children borne as a result of rape that they experienced in the post election violence. Today many young women have dropped out of school, their careers nipped in the bud as a result of the rape and violence they experienced in the period after the December 2007 polls. These girls also got pregnant, contracted HIV or suffered both. The people who committed the crimes against these women and girls will never go to The Hague. They will never face the judges in the ICC as they are not among the six named. This means that justice for the women who suffered in the post election violence may never

come, except if perhaps the Kenya Government finds it necessary to set up a local tribunal to put to account those who committed the atrocities. It is now three years since the crimes against humanity were committed and women are still crying for justice. However, the naming of the six suspects has been turned into a political and tribal circus. It is now being treated as a target against a community or persons. There are certain communities that are now raising money to hire lawyers for the suspects yet over 350,000 Kenyans still live in pathetic conditions in IDP camps as they have nowhere to go. When the women were raped because of disputed polls, the rapists were settling scores. The big question then was and still remains how would raping a woman give one the president he wanted? How would chasing away a wife from a different ethnic group bring the

presidential candidate that one had hoped for? One pregnant woman had her womb split open because the child she was carrying belonged to a man who was not from her community. The woman died a painful death, the child never lived. Who will bring justice to the women of Kenya? Who will bring justice to the displaced families who lost homes and property? Even as the ICC gets ready to try the six, women in many parts of these country are still living in pain seeing the people who committed atrocities against them every day, bringing up children borne out of rape and bearing the burden of diseases contracted out of sexual violence. These women are crying out for justice and their wounds have been opened afresh with the naming of the six suspects and reliving events of December 2007.


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Kenyan Woman Issue 13 by African Woman & Child Feature Service - Issuu