Reject Special: National Summit on Gender Based Violence (Issue 90)

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ISSUE 090, September 17-30, 2013

Unfiltered, uninhibited…just the gruesome truth

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September 17- 30, 2013

ISSUE 090

National Summit on Gender Based Violence and Peace A bimonthly newspaper by the Media Diversity Centre, a project of African Woman and Child Feature Service

Frightening violence ….as the private increasingly becomes public in the fight against gender based violence, various stakeholders are demanding that society must change conversations from curative to preventive, writes JOYCE CHIMBI As she rose to speak about her brush with domestic violence, the room went quiet, all eyes on her small frame as she narrated the degree of physical and emotional abuse that she has suffered in the hands of the man she calls her husband. “He strips me naked, in the presence of our children, and throws me out of the house,” she said. A gap between her teeth is quite visible, and perhaps many in the audience could not help but wonder how the gap came to be. She easily offers an explanation “he has knocked a few teeth out of my mouth.”

Statistics

However, this is not a lone ranger. Her story is sadly one among many. According to the Kenya Health Demographic Survey 20082009 more than half (57 per cent) of women in Nyanza Province have experienced physical violence, followed by those in Western Province (45 per cent). Women in Nairobi are the least likely to report having experienced physical violence (29 per cent). These statistics depict notable variations in the prevalence of physical violence across the provinces. Further, 43 per cent of married women have experienced sexual violence. The KDHS analysis by marital status reveals that women who are divorced, separated or widowed are more likely to be exposed to violence (at 60 per cent) than their married (at 42 per cent) and never-married (at 25 per cent) counterparts. While the statistics typify a story that leaves a lot to be desired in regard to the manner in which women in Kenya are handled, speaker

From top: Nairobi Women Representative Rachel Shebesh chats with USAID Kenya Mission Director Karen Freeman (left) and Chief of Party Peace Initiative Kenya Jebiwot Sumbeiywo during the national summit on Gender Based Violence and Peace. Participants at the summit that sought to address and audit GBV management in the country. Pictures: IRC after speaker during the two day National Summit on GBV confirmed that the situation on the ground was worse since a significant number of cases go unreported. “Nairobi is the hub of gender based violence, this is why we are in this meeting to talk

about GBV and I am saying that this conversation must change,” said Rachael Shebesh, Nairobi County Women Representative. She noted: It is encouraging to see that there are men here who want to work with us in changing the conversation.”

The National Summit was a culmination of the Peace Initiative Kenya (PIK) project that has for the last one year aggressively worked towards ensuring that there is peace in the home. “The PIK worked in 18 counties across the Continued on page 2

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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

ISSUE 090, September 17-30, 2013

Why a National Summit on GBV and Peace

Statistics reveal startling domestic violence Continued from page 1

By JOYCE CHIMBI In the run up to the March 4 General Election and having learnt from lessons of the 2007-2008 unprecedented violence, organizations came together under the Peace Initiative Kenya (PIK) in a bid to popularize a non-violent approach to electioneering. According to the International Rescue Committee (IRC), PIK was established to create a more protective environment for women before, during and after the March 2013 elections. The project was implemented against a backdrop of historical violence against women during electioneering periods and especially 20072008 where women were attacked in the violence that targeted communities in ethnic clashes.” The PIK also laid emphasis on the fact that “dealing with gender based violence is critical to the socio-economic development of the country. Kenyan statistics show an increase in reporting of cases. National Police Services statistics on crimes for 20102012 show a rise of up to 22 per cent in sexual gender based violence reporting.”

Achieve

Six months after the election, Jebiwot Sumbeiywo, Chief of Party Peace Initiative Kenya project, is confident that they have achieved what they set out to do. “The PIK was able to secure a protective environment during the elec-

Delegates at the National Summit follow the proceedings. The Summit was an opportunity for county platforms to come together and share experiences. Pictures: IRC tion. Communities were much more informed of the vulnerability of women and children during violent situations,” explained Sumbeiywo. She added: “The PIK also established a structure at the county level: the county platform on GBV and Peace which will sustain the dialogue on GBV and work with newly established county governments.” The culmination of the project was a National Summit on Gender Based Violence and Peace. “The Summit was an opportunity for county platforms to come together and share experiences and also interact with national non-governmental organisations dealing with gender based violence and government structures such as National Gender and Equality Commission (NGEC) and the Directorate of Gender. Others were the police and Judiciary among others responsible for GBV response and prevention.” The Summit brought together national and local government officials, representatives of civil society and stakeholders in gender based violence from 18counties where PIK was being implemented. The objective of the Summit was “to address and audit management and prevention of GBV in Kenya”. The Summit also addressed opportunities — including commitments for

improved service provision and prevention of GBV — presented by devolution for effective management. However even more important is the fact that “the National Summit presented an opportunity to share best practices and exchange experiences on how to tackle gender based violence crisis at various levels with the national and county governance structures and in the communities.” This is the message that the Summit intended to communicate. “GBV is a growing problem and permeates all aspects of the society. The gaping challenges in implementation of existing policies and legal frameworks were also brought to the fore. That GBV can and does gnaw into the very core of national security and development agenda, including Vision 2030 and Millennium Development Goals and must, therefore, be addressed with the seriousness it deserves,” said Joyce Muchena, National Coordinator PIK project. She added: “Delegates from the counties were made aware of opportunities that they can utilise to enhance citizen participation for effective gender based violence prevention and response.” Muchena noted that the Summit was a major success. “The delegates from counties where PIK was being implemented were well versed with the issues affecting them and they made the

“The PIK was able to secure a protective environment during the election. Communities were much more informed of the vulnerability of women and children during violent situations. “The PIK also established a structure at the county level: the county platform on GBV and Peace which will sustain the dialogue on GBV and work with newly established county governments.” — Jebiwot Sumbeiywo, Chief of Party Peace Initiative Kenya

best use of the resources.” She reiterated that this included asking the right questions and challenging government assertions about GBV facilities that are not fully functional. “So in essence the objective of auditing GBV management as well as the one on identifying opportunities presented by devolution were achieved,” said Muchena. According Sumbeiywo: “It was also an opportunity to highlight the seriousness of the problem of GBV by presenting its status and also discussing on ways of improvement such as coordination and male involvement.” This culmination did not come easy, in regard to the implementation of the PIK project. “Short timeframe for the implementation meant a lot of opportunities have been missed such as strengthening the county platforms,” noted Sumbeiywo. She added: “Coordination was a challenge due to the large coverage of the project and also inability to follow up on activities to deepen those activities.”

Campaign

According to Muchena: “PIK project has been mainly a Peace and GBV prevention campaign undertaken through a whole host of activities in 18 counties. The National Summit could well be seen as the summit/apex of the project.” She added: “Bringing together different actors from governmental and non-governmental institutions also underscored the seriousness of the GBV crisis in this country.” Moving forward, Sumbeiywo said that PIK “will deepen the partnership with organisations that work closely at the county level”. “We will also focus on building stronger structures for GBV at county and national level. We intend to work with ‘critical yeast’ of leadership to build support towards GBV work. We will begin an advocacy process towards the establishment of a GBV police unit among other non-state actors.”

country. The counties had been identified as possible hotspot areas in the run up to the March 4th General Election. We are aware that in the 2007-2008 postelection violence, women and girls suffered significant levels of violence in its various forms,” said John Ndeta, Media and Peace coordinator under the PIK project. The fight against gender based violence in no longer being fought behind closed doors, in Chief ’s camps or even in Kangaroo Courts organised by a few elders who continue to affirm male dominance against women. It is now in public spaces where survivors are enabled to speak out. When UNFPA’s Florence Gachanja said that “reproductive health conditions are the leading cause of death and illness in women of childbearing age worldwide”, it became increasingly clear that there is still much more ground to be covered before women are completely safe within their homes. While gender based violence is not, and was never a women issue only, “for every one man who has been beaten or sodomised, there are 16 women who have gone through the same horror. How many men in this room walk around with fear of being raped? Probably none. But how many women? All of us,” said Shebesh.

Lifetime risk

The statistics speak for themselves, not just in Kenya, but elsewhere in Africa too. According to an UNFPA report “Niger has the highest estimated lifetime risk of one in seven, in stark contrast to Ireland, which has the lowest lifetime risk at one in 48,000.” In the late 1980s, Dr Amartya Sen coined the phrase “missing women” in reference to the large number of women in the world “who are literally not alive due to family neglect and discrimination”. Statistics have shown that although at birth there are more boys than girls, the disparities are negligible. According to UNFPA statistics “there are around 105 or 106 male children at birth for every 100 female children”. However after conception, research has shown that if men and women receive similar nutrition and medical care, women tend to live much longer than men. Research has further revealed that on average, women live six to eight years longer than men globally. According to a UNFPA report “mortality trends show higher deaths in women that in men. Although for those women in highly developed nations their mortality rate is significantly low, the fate of women is quite different in most of Asia and Africa, particularly subSaharan Africa”.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

Unfiltered, uninhibited…just the gruesome truth

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US commits support in the fight against GBV By VALENTINE ATIENO The United States Agency for International Development (USAID) in partnership with the Ministry of Health has established five gender based violence recovery centres. The model centres provide comprehensive post-rape services, legal advice, psychological and medical support. Speaking during the National Summit on Gender Based Violence, Karen Freeman, Kenya Mission Director, USAID, said they are planning to establish three more centres this year. Freeman noted that US President Barrack Obama is at the forefront in the fight against gender based violence by stating that “when mothers and daughters access the opportunity, that’s when economy grows”. “Gender Based Violence robs the mothers and daughters of opportunities, it undermines the safety and dignity and human rights of the individuals who experience it,” said Freeman. She noted that GBV is an obstacle to development because it undermines public health, economic stability and security of the nation. She said that in the United States an Executive Order was introduced by President Obama to look into, prevent and respond to gender based violence globally. The US strategy to prevent and respond to gender based violence globally is premised on four objectives; 1. To increase coordination of gender

based violence prevention and response. 2. To enhance integration of gender based violence efforts into existing programmes. 3. To improve the collection, analysis and use of data on gender based violence. 4. To expand US government gender based violence programming. Freeman noted that this strategic approach builds on stronger foundation on US programmes that address women, peace and security, global health, AIDs, relief, counter trafficking in persons and humanitarian efforts. She added that the Peace Initiative Kenya project had exceeded the expectations of USAID. “Peace initiative Kenya, Freeman noted, has enabled civil society organisations and the government to come up with county peace platforms in 18 counties.

Women Empowerment

“Evidence demonstrates that women’s empowerment is critical to building stable, democratic societies to supporting open and accountable governance, to furthering international peace and security, to growing market economies and addressing pressing education and health challenges,” Freeman said. She observed: “We certainly saw the power of women in action during the recent elections. Women were at the forefront of promoting reconciliation efforts in communities

Karen Freeman USAID Kenya Mission Director said they have pledged to improve the services to the survivors and strengthen the prevention efforts. Picture: Internet divided during the previous presidential elections.” Freeman reiterated that addressing gender based violence and promoting women’s empowerment was equally important under the devolved system of government. In Kenya, the USAID works with the civil society organisations and the Government of Kenya to increase awareness of gender based violence. “We are going to improve the services to the survivors and strengthen the prevention efforts,” Freeman reiterated. She added that they will continue to support the Government of Kenya to help promote

awareness and create understanding and enforcement of the Sexual Offences Act of 2006. “Understanding of the Sexual Offences Act of 2006 proves to be a problem but working together with the government, we are going to sensitise communities on the same,” she reiterated. Freeman said they have extended their support at the county level through the Population and Health Integrated Assistance program (APHIA). “With the Sita Kimya communication we have reached the 47 counties in Kenya to advocate, campaign and increase awareness for gender based violence,” she added.

Measures set towards eradicating Gender Based Violence By DUNCAN MBOYAH Gender based violence in all its forms and purposes is considered as one of the most pervasive forms of human rights violations. In Kenya, it takes place in all regions as the recorded data indicates and is increasing in a large scale. Gender based violence is also known to have devastating effects on individuals and communities, often resulting to physical, mental and health problems hence overstretching the health facilities from their expected capacity to cope. Even though it came to the fore following the post-election violence of 2007–2008 when many women and men underwent untold violations, gender based violence takes place on a daily basis but escalates during electioneering period. The menace has continued to rise forcing the Judiciary to invoke heavy punishment on perpetrators even as the Government has also introduced measures to help end it. “We have developed programmes for prevention and response towards eradicating Gender Based Violence (GBV) in the country,” said Anne Waiguru, Cabinet Secretary for Devolution and Planning at the National Summit GBV on Thursday. According to Waiguru, the interventions include telephone help lines, shelters and rescue homes, establishment of gender based violence recovery centres, legal aid clinics, psychosocial support services and reha-

bilitation services. “We have also formed male groups to champion the rights of women by using fathers, brothers and husbands to serves as advocates to end gender based violence within their communities and the society as a whole,” Waiguru noted.

Intervene

In a speech read on her behalf by Catherine Muoki, Director of Gender at the Ministry of Devolution, Waiguru noted that the interventions have provided a solid basis for shifting social norms that have perpetuated violence against women hence demonstrating potential for lasting social change. She said that following the ratification of the United Nations Security Council Resolution 1325, Kenya has developed an action plan that incorporates a human centred security approach that focuses on the protection of individuals rather than on defend-

ing the physical and political integrity of state. The intervention on strengthening the legal systems and accelerating implementation of existing gender based violence related policies and legislations have been prioritized. The government has undertaken measures to protect and promote women’s rights through Sexual Offences Act 2006 as well as the Employment Act 2007 that protects women from sexual violence, counter trafficking and sexual harassment. “The policy also insists that the inclusion of women in peace committees at County levels comprise not less than a third of the committees,” she added. Waiguru observed that in spite of having policies and frameworks in place, ending gender based violence requires a change of mind-sets at family and community levels to ensure preventing violence becomes everyone’s responsibility.

She observed that it is demeaning to deny anyone their social right as manifested in cultural practices that subject women and girls to domestic violence, Female Genital Mutilation (FGM) and trafficking as sex slaves and ritual sacrifice. “Conflict impacts women and men differently with women most killed, maimed, raped and displaced during such tragedies,” Waiguru said. Noting that women also undergo trauma of witnessing their children and husbands being killed and maimed by conflicts, Waiguru called for support towards coming up with initiatives such as giving credit to women as a means of empowering them economically as a way of eradicating gender based violence. There is need also to change norms and behaviours by emphasising prevention through education and awareness programmes which can challenge norms about domestic violence and enhancing women’s control over re-

“We have developed programmes for prevention and response towards eradicating gender based violence in the country. Interventions include telephone help lines, shelters and rescue homes, establishment of gender based violence recovery centres, legal aid clinics, psychosocial support services and rehabilitation services. — Anne Waiguru, Cabinet Secretary Devolution and Planning.

sources. These sentiments were echoed by Karen Freeman, USAID Kenya Mission Director who noted: “Gender based violence is an obstacle to development as it robs mothers and daughters an opportunity, undermines their dignity, safety and human rights.” Freeman said that USAID was in partnership with the Ministry of Health and had established five gender based violence recovery centres in the country. “These model centres provide comprehensive post-rape services such as legal, psychological and mental support,” she added. Evidence demonstrates that women’s empowerment is critical to building stable democratic societies hence the need to support open and accountable governance that allows women to exercise their rights. The model centres provide comprehensive post-rape services including legal, psychological and medical support. Under the leadership of Peace Initiative Kenya (PIK), a USAID funded initiative, peace committees, paralegals and loaning schemes have been started in 18 counties in with the aim of empowering victims of gender based violence. PIK has so far given out $5,000 (KSh43 million) to women’s groups towards the management of GBV issues as well as starting small scale income generating activities to make them self-reliant.


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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

ISSUE 090, September 17-30, 2013

P3: Crucial forms that are a barrier to accessing justice By FAITH MUIRURI

Calls for special police unit to tame gender violence By DUNCAN MBOYAH The 2009 Kenya Demographic Health Survey indicates that 64 per cent of gender based violence incidents occur within the survivors’ homes. Women, girls and boys are more exposed to gender based violence in places they are supposed to regard as safe — their homes — and this is sending signals of a worrying trend within the society. Unfortunately, the trend is now challenging the education sector as most female teachers are requesting for transfers away from their partners in search of peace as they carry the noble duty. “The rate at which female teachers are applying for transfer is alarming since the brutality meted on them by their partners denies them the opportunity to deliver well on their duty,” said Joan Mwende Ngunzi, Deputy Director in charge of Gender at the Teachers Service Commission. Addressing the National Summit on GBV, Ngunzi observed that it is high time that the Government establish a specialized Police Unit like the Flying Squad Unit, Anti-Terrorism Police Unit, Banking Fraud Unit within the Kenya National Police Service with a dedicated rank and file, resources and operational mandate to expedite cases of gender

violence. “It is interesting to note that people speak loudly about livestock theft and even naming culprits yet they fail to name those found to have raped young girls,” says Ngunzi. Whereas the Teachers Service Commission is willing to transfer the teachers for their safety, the Commission is faced with shortage of replacements. The Commission is unable to take action in most rape and defilement cases against female teachers, girls and boys cases due to lack of funding as the allocation given is mainly for paying teachers’ salaries. However, Mwende notes that the Commission has developed a mechanism whereby reported cases are investigated and culprits dealt with within three months as the police carry out their criminal charges in a court of law. She calls on the public to unite in fighting the menace by reporting cases and taking stern measures against perpetrators without fear or favour. According to Ngunzi, most victims and guardians are unwilling to report cases to the Teachers Service Commission since they come from a culture where gender violence cases are not supposed to be reported or spoken of. The law requires that perpetrators, even if they are relatives of the

“It is strange that violence meted on animals is acted upon faster by the police and Judiciary as opposed to violence against women and school girls. Women’s dignity and confidentiality needs to be respected as well.” — Betty Murungi, Gender and Peace Expert.

victims, be punished. “Due to the dictates by culture, children are not supposed to say no to advances by elderly male relatives, some of whom are perpetrators hence making them the highest number of victims,” she notes. Despite the Commission’s efforts in reducing cases of violence against students, some collude with their parents to come out in defence of the perpetrators. Ngunzi notes that these actions are to blame for the slow action against teachers who have been accused of violating girls in schools. “The public must ensure that teachers sacked for violating school girls are not employed even in private schools,” Ngunzi reiterates. She notes that it has been discovered that teachers dismissed from public service sneak back into the profession through private schools, a trend that only further transfers the habit to the unsuspecting community. Ngunzi noted that the Teachers Service Commission established a customer care desk that tracks cases of gender violence and acts immediately the case is reported. Her sentiments were echoed by Betty Murungi, a peace and security expert who noted that: “It is strange that violence meted on animals is acted upon faster by the police and Judiciary as opposed to violence

Members of the Kenya Police Service at a passing out parade. GBV management actors want a special unit of the force to deal with violence cases. Pictures: AWC

against women and school girls.” She added: “Women’s dignity and confidentiality needs to be respected as well.” Murungi noted that gender based violence menace can only be reduced to a manageable levels with the formation of a special police unit since perpetrators have increased in number. Murungi noted that access to justice is jeopardized by poorly resourced police system that lacks equipment and personnel to ensure that cases of gender violence are acted on and prosecuted. “Women and girls are frequently affected by gender based violence as one in two women report having experienced violence at one point in their lives,” Murungi said. Existing data shows that gender based violence starts early in the lives of the girls who have to live with the effects for the rest of their lives. Statistics on rape, sexual exploitation and sexual assault exist but they are not up to date hence the need for up-to-date data. The 2010 Kenya Violence against Children Survey (VACS) indicates that violence against children is a growing problem in the country. About 32 per cent of girls aged less than 18 years and 18 per cent of boys of the same age have suffered sexual violence. According to Kenya Demographic Health Survey (KDHS) 2009, 29 per cent of girls aged 15-19 years underwent physical and sexual violence with 8.5 per cent facing sexual violence separately. It further indicates that 25 per cent of girls aged 12-24 lost their virginity through sexual violence. The Kenya Police data on sexual violence shows that 3,525 cases were reported in 2007 and has since increased to 4,703 in 2011.

Recently the Inspector General of Police gazetted the Kenya Police Medical Examination form (also known as the P3). However, despite this action, the forms remain an impediment to seeking justice when handling gender based violence cases. According to Jebiwott Sumbeiywo, Chief of Party Peace Initiative Kenya, the infrastructure under which police administer P3 forms is not enabling. “When someone needs to use P3 form, it is not just a matter of reporting the incident to the police or seeking medication but an institution of a justice process,” she notes. Sumbeiywo said that GBV survivors are often asked to make copies of the form and take them to a medical officer who requires to be paid if they are to serve as witnesses in the subsequent cases. The law requires that all assault cases are documented in the P3 form but the cost of documenting, preserving and presenting the evidence in court falls on the survivor. “That a victim of sexual and gender based violence is to pay in seeking justice is a major flaw in the P3 forms and the impediment is in access to the form due to the attendant costs; guidelines on completion as are appropriate and the police and medical officers evidence in court,” she noted.

Capacity

She expressed the need to continuously build capacity of all those interacting with the P3 particularly the police, medical and legal justice officers. “There is also need for public education and awareness creation on the P3 including information that it is not for sale,” Sumbeiywo reiterated. She underscores the need to outlaw the current fee of KSh1,500 that is currently charged by medical practitioners when filing the post-rape care forms. According to Sumbeiywo sensitization on post-rape care forms needs to be done to complement the P3 forms in cases of sexual violence as a matter of priority amongst GBV awareness campaigns. Other than the forms, Sumbeiywo noted that there is need to establishment national and county forensic laboratories that will help in custody of evidence. Sumbeiywo urged all players to lobby the Government to have GBV and children cases taken seriously. “We need to lobby for structures which come with authority, trained personnel, funding and vehicles,” she noted.

Limit

Sumbeiywo observed that almost all gender violence legislations, policies and programmes are reactive and thus only come to play after a fact of violence. “There is limited attention to prevention policies and programmes to stop the perpetration of violence before it happens. This may include education, information and awareness creation at personal and social levels,” she pointed out. Other factors that continue to hamper the fight against gender violence include limited access to health care facilities and information; insufficient coordination and administration within the criminal justice system to assure proper investigations, storage of evidence and prosecutions to secure convictions; patriarchy and culture resulting to the gendered patterns of all types of violence primarily targeting women.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

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Unfiltered, uninhibited…just the gruesome truth

Police responsible for the rise in GBV cases By VALENTINE ATIENO Kenya Police Service is to blame for the rise in gender based violence cases in the country. Speaking at the National Summit on GBV and Peace organised by Peace Initiative Kenya Nairobi County Women Representative Rachel Shebesh noted that there is too much violence going on and yet the police are doing enough to address the situation. She cited the gang rape cases going on in Dandora, yet nothing was being done although the perpetrators were known. Shebesh said that the young men who are alleged to be rapists in Dandora are within the area and the police are aware of where they reside areas and nothing was being done by the law.

Statistics

“It is very unfortunate that the police are aware of the whereabouts of the alleged rapists and nothing is being done about it. We cannot celebrate Kenya at 50 while the statistics of the gender based violence continue to rise every day,” reiterated Shebesh. She noted that when victims get to police stations to report on violence, the questions they are asked are unbearable and at times they are even called abusive names. “We have heard several survivors talk of their experience with the police after the vio-

lence which should not be the case,” she noted. Shebesh regretted that although gender based violence desks had been created in all police stations, there were no experts to attend to the victims. “When you get to the station for services from the desk, you are either asked unnecessary questions or end up being unattended to because there is no one at the help desk,” she observed. Shebesh noted most of the young women end up in prostitution and others opt to remain silent because of the mistreatment they receive from the police. “Once a victim comes to report and the police ask her, ‘you prostitute where you were coming from for you to be raped?’ What else can the victim do? Apart from getting into prostitution that she was alleged to be doing,” Shebesh stated. She urged the Kenya Demographic Health Survey to release the statistics of rape of vulnerable citizens at the hospitals because there are many survivors but the cases go unreported. “Recently we heard of the patient who died at the hospital after being raped by the nurse who was charged with taking care of her. There should be statistics so that those who are raped and are in hospital get the much needed help,” she said. She challenged the Kenya Police Service

to surrender their tools to women if they are overwhelmed. “In case the Kenya Police are overwhelmed by the Dandora gang rapes, they should tell us to take over the job because we cannot sit and watch when our mothers, sisters, daughters and nieces are being raped every day,” she reiterated.

Numbers

Shebesh noted that the tyranny of numbers was taking over everything in the country. She said as elected and nominated women leaders, they are going to work together to ensure that the gender based violence is addressed. She said there was need for women to change conversation around GBV and look across political parties, cultural and ethnic identities. She also noted that there are men who are tired and want to change the conversation around GBV. “Data should be brought to Parliament so that the conversation on GBV can be addressed in the national assemblies,” said Shebesh. “With the 86 women in the senate and national assemblies, we are going to decide what should be done. We tale note that the most powerful cabinet secretaries are women with powers within their docket,” said Shebesh. She added: “We shall address the issue of the Dandora gang rape to change the cause of the women in society.”

Nairobi County Women representative Rachel Shebesh regretted that although there are GBV desks in all police stations, there were no experts to attend to the victims. Picture: Reject Correspondent

Post-rape care forms offer much needed intervention By FAITH MUIRURI

After years of neglect and poor management of gender based violence cases, survivors seeking treatment can now be assured of better services following the introduction of a post-care rape form. The form that has been developed by the Ministry of Health will help to complement the Kenya Police medical examination form (also known as P3) in cases of sexual violence. According to Dr Pamela Godia who is in charge of Gender and Reproductive Health rights at the Ministry of Health, the new tool was developed following numerous complaints that the P3 forms were not easily accessible, and this left gender based violence survivors constantly grappling with delayed treatment and justice. “The P3 forms are inaccessible and in most cases they are availed a bit too late when crucial evidence has been erased. This means that if you are filling information retrospectively, you may not be able to capture everything,” Godia explained. She added: “The Post-rape care forms have been introduced to fill in the gap.” The post-rape care forms are to be filled by health care providers during examination and when providing treatment to gender based violence survivors. The information generated can later be transferred when the P3 form is available. The law requires that all assault cases are documented in the P3 form but the cost of documenting, preserving and presenting the evidence in court falls on the survivor. Godia noted that post-rape care forms come as a major relief to gender based violence victims because the forms will not only help survivors access treatment promptly but also help generate credible data. “We are trying to see if data can be compiled on the basis of age and sex,” Godia said. She reiterated: “Health providers are required to record critical information that can meet the required threshold to sustain conviction in a court of law.” However, even as the post-rape care forms seek to enhance collection of data, the absence of forensic laboratories in most health facilities presents another hurdle for survivors. “While several health facilities are able to collect forensic samples, they have not been able

to pass them on to the next chain of custody of evidence,” explained Godia.

Submit

She noted that in an ideal situation, health facilities are supposed to submit the samples to the Government Chemist through the police. “However, most hospitals lack forensic laboratories to store crucial evidence. This has in effect led to acquittal of suspects as survivors have no evidence to prove a crime was committed,” she lamented. Worse still, cases of gender based violence remain higher with statistics at the Kenyatta National Hospital indicating that children are the most affected owing to the high rates sodomy and defilement cases treated at the facility. Godia revealed that in 2011 a total of 77,200 minors were sexually assaulted but the figure dropped significantly in 2012 to 6,345 children. She blamed the drop to under reporting and inconsistent data adding that women and children account for 84 per cent of violence cases at the hospital. She said the situation has been complicated by the fact that only a third of the affected are able to access care within 72 hours as required. Godia said that majority of the women are aged 18 years and below and similar trends are reported in other health facilities in the country. Other challenges include the low uptake of services, incompetence among healthcare providers on gender based violence related matters, poor collection and storage of specimen, unwillingness by healthcare providers to testify in court especially and lack of awareness on available services. At the same time, Godia said the Ministry of Health had come up with national guidelines and training packages to enhance service delivery to violence survivors. “We have made sure that the training packages adhere to the set guidelines to ensure that service providers are not judgmental when handling gender based violence survivors,” she explained. She noted that the guidelines offer an insight on the management of sexual violence in terms of obtaining consent, ensuring there is privacy and confidentiality of information during examination, management of physical injury and prevention of HIV infections, pregnancies and sexu-

ally transmitted diseases including Hepatitis B. The guidelines also lay emphasis on psychosocial support and early reports for prompt treatment. The sexual offences treatment regulation further stipulates that services to the client are sup-

“The P3 forms are inaccessible and in most cases they are availed a bit too late when crucial evidence has been erased. This means that if you are filling information retrospectively, you may not be able to capture everything. The Post-rape care forms have been introduced to fill in the gap. The post-rape care forms are to be filled by health care providers during examination and when providing treatment to gender based violence survivors.” — Dr Pamela Godia, Programme Manager Ministry of Health

posed to be free of charge in public hospitals. Nairobi Women Representative Rachel Shebesh lamented that cases of gender based violence remain high but interventions are sparingly low and thus the need to look beyond cultural, political and religious divide to support legislations that not only impact on women and girls but also help to end GBV. She also advised all stakeholders to come up with sustainable interventions rather than depend on external funding. Speaking at the summit, Betty Murungi who is a legal expert in gender and conflict resolution said that GBV accounted for the highest number of reproductive health challenges such as sexual dysfunction, reproductive tract infection, pregnancy complications, infertility, sexually transmitted and HIV infections cost borne by state. The Director of planning in charge of Gender at the Ministry of Devolution Catherine Muoki said that GBV has had a devastating effect on individuals, communities and the nation in general often resulting to physical, economic and mental problems.

Demean

“The most demeaning, however, is denial to one’s social rights as manifested in cultural practices that subject women and girls to domestic violence, Female Genital Mutilation, forcing them to serve as sex slaves and commercial sex workers,” Muoki said. She noted that women are among those killed, raped, maimed and displaced, during conflict besides undergoing the trauma of witnessing their children and husbands killed. She expressed the need to adopt preventive measures through education and awareness programmes to help change narratives around GBV among men and women, increase women economic opportunities and control over resources. Delegates at the meeting called for the establishment of National and County Forensic Laboratories that will help in custody of evidence They underscored the need to strengthen policy framework on GBV through development of a national gender based violence policy and introduction of the Prevention of Domestic Violence Bill (2013) in Parliament.


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National Summit on Gender Based Violence and Peace

Unfiltered, uninhibited…just the gruesome truth

Constitutional barrier to GBV cases By FAITH MUIRURI

A Constitutional provision that requires suspects to be arraigned in court within 24 hours of arrest is emerging as a major obstacle in securing convictions in GBV cases. Article 49 (f) of the Constitution limits the period within which investigations can be conducted and suspects arraigned in court. According to Mercella Wanjiru, a senior police officer, most gender based violence cases cannot be exhaustively investigated within 24 hours. This has forced police officers to arraign suspects in court before investigations are complete.

Report

According to Wanjiru, once a GBV case is reported, police officers have to conduct investigations immediately and visit the scene to find corroborating evidence. “If incriminating evidence is not found within the 24 hours, a suspect is arraigned in court. Based on the evidence adduced by the prosecution, the court decides on whether to remand the accused pending hearing of their cases or release them on bail,” Wanjiru explains. She adds: “After a suspect has appeared in court police offi-

cers are not allowed to access them again.” Wanjiru notes that most gender based violence cases are heard and concluded based on the evidence generated during the initial stages of investigations. She observes that most cases are lost due to lack of sufficient evidence to sustain a conviction. This has been blamed on shoddy investigations conducted hastily to meet the constitutional requirement. She notes that the situation has been complicated by the fact that gender based violence is grossly under-funded within the Police Department. A significant percentage of resources within the Police Service which plays critical role in the management of gender based violence cased have been channelled to specialized units such as such as the Flying Squad, Anti-Terrorism Police Unit and the Banking Fraud Unit which only serve a few individuals in the society. “This has in effect limited the capacity of police officers to respond to cases of gender based violence cases across the country,” Wanjiru explained during the National Summit on GBV and Peace. According to Wanjiru, gender based violence cases has not been

assigned any resources and police officers have to go out of their way to address cases brought to their attention.

Address

“Currently we have police officers who are facing disciplinary measures for having defied orders by their seniors to rush survivors of gender based violence to hospital,” she reveals. While police officers have to contend with constant criticism for being insensitive to the plight of GBV survivors, they are constrained by limited resources and the long chain of command. “We have been quick to blame police officers for their indifference while addressing GBV cases but there are no specific structures to aid in the management of gender violence,” says Wanjiru adding, “the working conditions are unfavourable and resources limited”. Most gender desks in police stations are manned by unqualified personnel who in most cases are reassigned other duties leaving gender violence cases unattended. Wanjiru notes: “Sometimes survivors have no one to attend to them and if they find a police officer, there is no vehicle which can be used to hasten the process of arrest

“Gender based violence turns healthy, responsible and productive people into recipients of charity and support from service providers and families. The cost of managing gender based violence remains overwhelming not only to the victims but to institutions that offer interventions and the state at large.” —Marcella Wanjiru Superintendent of Police

or rush the survivor to hospital.” According to Wanjiru, unless measures are put in place to establish a specialized gender based violence unit within the Kenya National Police Service with a dedicated rank and file, resources and if possible operational autonomy to expedite cases, then justice for gender based violence cases will remain elusive. “A GBV unit will come with increased allocations and trained personnel to manage the cases as well as offer preventive, promotive and rehabilitative services in all our counties.”

Guide

Ideally after a person reports a gender violence case, they are to be guided to a private place where interviews take place. After the interview, the investigating officer is supposed to visit the scene of crime because there may be corroborating evidence that will connect the accused person to the offence. According to Wanjiru, “if the investigating officer is not facilitated to gather incriminating evidence within the specified period, then the case is lost and it does not matter what the Prosecution says”. Her sentiments are echoed by Jebiwott Sumbeiywo Chief of Party Peace Initiative Kenya who notes that gender based violence management has been characterized by weak coordination of efforts amongst the actors and GBV responders. Sumbeiywo observes: “There is a lack of accountability and inaction amongst the duty bearers when it comes to prevention and response from the security agencies, health service providers, education sector, legal justice systems and the community.”

ISSUE 090, September 17-30, 2013

PIK elevates fighting gender based violence through peace platforms By ABISAI AMUGUNE Margaret Wanjala has turned into a peace crusader in Trans Nzoia County over the last one year. Her efforts have received a major boost from the Peace Initiative Kenya project under the International Rescue Committee (IRC) supported by the United States Agency for International Development (USAID). Her work as a peace champion has earned her recognition from her political party, Ford-Kenya, which has nominated her as a member of the Trans-Nzoia County Assembly. Although she was widowed over 15 years ago when her husband died in a grisly road accident, Wanjala could not afford to get into competitive politics due to lack of resources. She was forced to watch from the side-lines as her male counterparts scrambled for elective positions to become members of Parliament and councillors.

Crusade

Peace Initiative Kenya (PIK), was launched in October last year and worked in 18 counties that were deemed to be hotspots among them Trans-Nzoia and Mt. Elgon district in the neighbouring Bungoma County. Wanjala hoped around with the peace platforms that also targeted the protection of the rights of women and children. Wanjala was among the 14 members of the TransNzoia County Assembly who were nominated by political parties to meet the gender threshold. According to the party, her participation in the peace initiatives through a local non-governmental organisation Free Pentecostal Fellowship of Kenya (FPFK) in Trans-Nzoia West, Kwanza and Mt. Elgon districts was an eye –opener for a violence free election environment. According to Festus Mukoya, the organisation’s programme coordinator, the initiative targeted over 5,000 families ended up with a peace agreement that was witnessed by the former Vice President Kalonzo Musyoka at Mabaiga, in Bungoma, in April 2012. The warring communities included Bukusus, Sabaots, Tesos and to some extent the smaller local tribes. Continued on page 7

Violence comes with heavy costs By DUNCAN MBOYAH Gender Based Violence (GBV), the harmful act that is perpetrated against a person based socially-ascribed gender difference has been on the rise amongst male and female alike. The menace is, however, believed to be caused by drunkenness, substance abuse, unemployment, poverty, families living apart as well as HIV status. Even though majority of survivors remain silent after the event, the menace has an economic impact on the government and the victims. It is noted that gender based violence turns healthy, responsible and productive people into recipients of charity and support from service providers and families. The cost of managing gender based violence remains overwhelming not only to the victims but to institutions that offer interventions and the state at large.

Cost

At the direct economic level, GBV costs money in two ways; On the one hand services that are in place for mitigating medical and psycho-social effects have a cost comparable to that of road accident victims and survivors. In both cases, a healthy population often at the prime of its productive capacity is subjected to human driven and avoidable traumatic acts that seriously interfere with their productivity. “By the time the victims undergo the event and suffer with injuries, they are forced to incur costs on medication, care and rehabilitation,” explained Betty Murungi, a Gender and Peace

at the National Summit on Gender Based Violence. She also noted that psycho-social and clinical costs in GBV adversely affect a survivor’s mental and physical health because it puts direct costs to victims from managing injuries and loss of life followed by direct loss of finances or means of getting finances. “Where the impact of the cost of GBV is visible in the micro-family level where the gap created by the unavailability of economic provider has multiplier effects on dependants who in most cases happen to be children and siblings,” Murungi noted. She reiterated that since the cost of GBV is silent and seemingly indirect to the extent that it is borne largely by individuals and families, and increasingly by civil society organisations, most of the time it goes unnoticed at a global level government revenue and expenditure level. It was noted that other costs are indeterminate because of their long term nature. Children, for instance, who grow up in violent families may suffer lifelong behavioural as well as emotional and mental health disturbances such as alcohol and drug abuse, risky sexual behaviour, and perpetration of violence for male and being victims of violence for female. All of which are attributable to exposure to violence. However, Murungi blamed lack of political will from the government through allocation of funding in policing services and creating awareness as a major obstacle to the war against gender based violence. To end or reduce gender based violence, col-

lective and coordinated efforts are need and these must be led by the government. “Lack of coordination is to blame for the escalating cases of GBV in the country,” Murungi noted.

Exist

She further blamed the existence of socio-cultural attitudes that make women and children more vulnerable. She reiterated that mechanisms should be put in place to control the behaviour. According to Murungi, widespread inequality in gender relations is to blame for fuelling violence and the solution lies on the Constitution under the supervision of the Government. Murungi observed that the Constitution has given women what they deserve and that it will be unfair to deny them their rights further as has been the case since independence. Unlike the old constitution, Kenya’s new Constitution stipulates that all holders of public A woman tries to shield herself from and elective office should not be more than two her spouse. Incidences of violence still third of the same gender. continue to rein havoc on women even as It was noted at the summit, that lack of colviolence against women is considered a lection, collation and analysis of data on gender human rights violation. based violence trends further poses a challenge Picture: Reject Correspondent to its management. “Women and girls are frequently affected Statistics on rape as well as sexual exploitation and assault exist but they are not up to date by GBV as one in two women report having experienced violence at one point in their lives,” hence the need for updated records. Murungi noted that access to justice is jeop- Murungi said. Existing data shows that gender violence starts ardized by a poorly resourced police system that lacks equipment and personnel to ensure early in the lives of girls who have to live with its that cases of GBV are acted on and prosecuted. effects for the rest of their lives.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

7

Unfiltered, uninhibited…just the gruesome truth

Women and girls bear the brunt of conflict By Jane Godia There is no single situation that will leave women and girls feeling that they are safe. Women and girls continue to remain at risk to all types of violence whether in relative peace or at war time. While Kenya has largely been viewed as an island of peace, when it comes to gender based violence then things are not the same. However, during electioneering periods, women in Kenya have suffered all forms of violence. They have also not been safe during the inter-ethnic conflicts. According to Pamela Tuiyot, a programme officer with the UN Women, at different stages of conflict, different forms of gender based violence are perpetuated Tuiyot who was speaking at the National Summit on GBV and Peace delivered a paper: women, Peace and Security: GBV as a Peace and Conflict Issue. She said that during conflict, violence occurs as a by-product of the collapse in social order or as a tool to terrorise individuals and families as well as precipitate their expulsion from the communities they live in. “Kenya has experienced violent outbreaks of conflict where women and girl’s vulnerabilities have been increased by lack of effective protection.” Cultural norms have marginalised women from taking decisive roles in peace and security matters. This is because culture does not recognise sexual and gender based violence as an offence. Looking at a comparative analysis of the findings in relation to the election in 2007 and 2013, Tuiyot notes that in 2007-2008 post-election period, there were many forms of violence that took place compared to 2013. In 2007-2008 there was discrimination, threats of violence, verbal abuse, defamation propaganda, bribery/rigging, widespread rape, widespread gang rape, sexual mutilation, ethnicised sexual targeting, violence in internally displaced people’s camps, family intimidation and widespread impunity. Tuiyot noted that during the same period there was violence with security agents as perpetrators and also security bias based on ethnicity. However, in 2013 electioneering period, violence types reduced to discrimination, threats of violence, verbal abuse, defamation propaganda, bribery and rigging, isolated acts of physical sexual violence, family intimidation and widespread impunity. According to Tuiyot even in the internally displaced people’s camps,

women and girls are not safe. “Sexual exploitation linked to camp design and services leaves women vulnerable,” she explained. Tuiyot added: “In Daadab and IFO camps women and girls continue to be raped, and with time as firewood from nearby trees are depleted, they are forced to move further inside, increasing their risk to sexual and gender based violence.” According to Anne Waiguru, Cabinet Secretary for Devolution and Planning, conflict impacts on women and men differently. In a speech read on her behalf at the Summit, Waiguru noted that women undergo trauma when they witness their husbands and children being violated. According to UNESCO, a specialised agency of the United Nations charged with ensuring peace and security through education, science and culture, war starts to be constructed in the minds of men and to ensure sustainable peace, then it is in the minds of men that peaceful co-existence must start.

Rights

These statements by UNESCO is supported by Betty Murungi, a gender and peace expert who noted that in times of peace gender based violence is under reported, giving very poor statistics. Murungi said that GBV should not

“Kenya has experienced violent outbreaks of conflict where women and girl’s vulnerabilities have been increased by lack of effective protection.” — Pamela Tuiyot

A woman in deep thought at a safe camp after violence broke out in Tana River. Picture: Reject Correspondent be addressed during conflict only. She reiterated that it must be addressed during peace times and that the state should respond to GBV because it is a human rights issue and not a private matter. “Gender based violence cannot end if there is no commitment and political will from the government. Political will can be expressed by allocating adequate resources to GBV programming through gender budgeting,” she explained. Murungi’s sentiments are reiterated by Waiguru who noted that countries have concentrated more on response rather than prevention. “There is need to shift norms and behaviour through education and change in attitudes. Prevention can be realised through peace building among other initiatives,” Waiguru noted. She added: “Changing mindsets at family and community level to ensure that addressing GBV is everyone’s responsibility.” To ensure that women are no longer under threat of violence, Tuiyot said that there are various ways for ensuring sustainable peace. “There is need to conduct widespread community education aimed at prevention of gender based violence and ensuring that survivors know how and where to access the services,” she noted. According to Tuiyot it will be

important to integrate prevention of gender based violence and gender equality concerns into emergency action plans for action and improve capacity to address the problem of sexual violence amongst women and girls in Kenya. “There is need for greater multisectoral GBV prevention and response at the community level, through sustained support to key sectors including health, legal and justice systems, secu-

The KNAP is based on five pillars which include:  Participation and representation of women at all levels of decision making;

 Prevention of rights violations

during all phases of conflict, particularly sexual gender based violence;

 Attention to specific

protection of the needs of women and girls in conflict situations;  Promotion of gender perspectives in conflict resolution processes;  Relief and recovery measures

that are responsive to women’s security and priorities.

rity and psychosocial support,” Tuiyot said. She added: “There is also need to integrate GBV and gender perspectives in early warning and early response mechanisms.” The issue of violence against women in conflict situations will be addressed through the adoption of the Kenya National Action Plan for implementation of United Nations Security Resolution 1325 and 1820. The KNAP was developed in a participatory method and its strategies seek to address the vulnerabilities of women in conflict and post conflict settings through promotion of women’s equal participation in the peace processes, as well as expanding the meaning of security to include secure livelihoods, environmental protection and access to resources.

Participate

“Women must participate at all levels of decision making including being at the peace negotiation tables,” said Tuiyot. When women are allowed to participate in conflict prevention, conflict resolution, peace keeping and peace building, then this will enhance ways of ensuring peace and security. This was also supported by Waiguru who said that a policy requirement of inclusion is needed by having women in peace committees at county level.

PIK elevates fighting GBV through peace platforms

Continued from page 6

“Today we sit in the County Assembly happily with fellow Sabaot representatives. We also share public forums with the other representatives in their respective wards without fear,” explained Wanjala, a community activist within the PIK peace platforms.

Precede

Her story was part of the culmination of a two-day National Summit on Gender based Violence and Peace held by in Nairobi recently. The meeting brought together private and public stakeholders on the programme’s achievements on Gender-Based Violence. It was preceded by a one-day training workshop at the Silver Springs Ho-

tel by media practitioners conducted by the African Woman and Child Features Service (AWC) on how to report on gender based violence and peace. According to John Ndeta, Media and Peace Coordinator at IRC, they are considering extending a second 15-month phase of the programme in the wake of the accumulated activities in the 18 counties. Under the PIK project there were eight implementing partners who included Coalition on Violence Against Women (COVAW), Federation of Kenya Women Lawyers, PeaceNet, Sauti ya Wanawake Pwani and Health Care Assistance Kenya (HAK), Well Told Story and African Woman and Child Features. All these organisations worked

with communities at the grassroots as well as informal settlement of Nairobi to raise the importance of peace and end violence against women and girls. They also undertook training of youths, women, teachers and health and community workers on GBV management. According to the USAID Kenya Mission director Karen Freeman, more is needed to activate the GBV awareness outside the 18 counties under the project owing to the rising number of GBV-related cases in the country. It was noted that the police service was ill-equipped in handling GBV cases where the personnel manning gender desks at police stations had no skills and service did not have a budget for addressing GBV.

According to Cyprian Nyamwamu, a Gender and Governance expert, the Kenya government was yet to ratify the United Nations Security Council Resolution 1325 of 2000 for conflict prevention, peace building and reconstruction to protect women and girls from violence during conflict. “The country has about 62 camps holding internally displaced people and refugees from the Great Lakes region,” Nyamwamu said. He noted that even after devolving government, most of the 47 counties had yet to include financial estimates for peace initiatives in their respective budgets. “Because the media afflicts the powerful and comforts the powerless, it should ensure the end of margin-

alisation of women and sustaining of men’s privileges,” Nyamwamu reiterated. However, Simon Chepsiror a chief from Kaptich location, Nandi County, home-based solutions must be sought and also have women of all ages encouraged to use safety health measures to control GBV cases. “Apart from cautioning girls against endangering their reproductive health system, we ask them to carry contraceptive pills while boys should arm themselves with condoms,” Chepsiror told delegates at the Summit. Chepsiror, who is a community activist within the PIK peace platforms defended isolated cases of indiscipline among chiefs in tackling sexual and gender based violence.


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National Summit on Gender Based Violence and Peace

Unfiltered, uninhibited…just the gruesome truth

ISSUE 090, September 17-30, 2013

Celestine Ochieng:

Standing up on behalf of rape survivors By VALENTINE ATIENO The first time I met her she appeared to be very jovial, and cheerful lady, nothing betrayed the suffering she had undergone. At the National Summit on Gender Based Violence, Celestine Ochieng’, was there to receive the guests arriving for the conference with a warm hand shake. She would also dance happily to the tune of the music in the room. When she stood up to speak at some point I thought that the eloquent lady was going to make a presentation on the day’s agenda but to my surprise, Celestine was going to speak about her experience as a proud survivor of rape. It was on the ill-fated day of July 27, 2007 when Celestine fell into the trap of a friend who had organized for her to be raped. She had gone to do some shopping when she received a call from a friend who wanted to know her whereabouts. “I had gone to do some shopping when I received a phone call from a friend that she needed to see me urgently. I then left what I was doing and decided to reach out to my friend. As I neared where she told me to find her I was grabbed by six men who brought me down. I was raped and left unconscious,” Celestine recalls. “All I remember is that I found myself in the hospital the next morning.”

Difficulties

It was very difficult for her to open up to family members that she had been raped. “Opening up and telling your family that you have been raped is painful. It took me a long time to accept that,” says Celestine. She adds: “I could not believe that I was the one who had been raped. I even feared walking around because I thought everybody knew that I had been raped.” It is only when she was introduced to the Coalition on Violence against Women (COVAW) that Celestine got counselling and was able to deal with her situation. It is after the counselling she is now able to speak about her experience. Today, Celestine has gone public about her status as a rape survivor and she now speaks out for victims of gender based violence.

“After the counselling I received, I decided to put my life back on track. I am now able to do other things,” she says. Initially, Celestine could not do anything as memories of the terrible day kept on reflecting into her mind. She decided to be a voice for the voiceless, speaking for all those victims of violence; the girl who is being violated by the teacher in the school; women who cannot stand the brutality of the police. “I am speaking for that girl who is being violated by the teacher at the school. I am here to speak for the boy who is at a boarding school being sodomised but cannot speak out. I am here to get bring gender based violence to an end,” she says. Celestine notes that there is a problem at the Police Service where officers put off violence survivors by their brutality.

Justice

“The police are the greatest challenge and the barrier to survivors getting justice,” she says. According to Celestine, when she went to report her case to the police, she was surprised by the response. “Instead of the officers at the station helping me, they were asking me where I had been at that time of my being raped. They started calling me names and claimed I was responsible and the cause of my being raped.” She recalls: “I was paining inside and could not know what to do but the fact that the police officers were talking to me in the brutal way made me feel guilty.” This experience with the police put her off reporting any incident. She reiterated that victims of gender based violence should not be silenced. She notes that they should be allowed to speak out for justice to prevail. Celestine challenge is to women’s groups tackling gender issues and the Government to address the issue of gender based violence that is so rampant in the country. “Our women are suffering so much and your voice should speak out so that the perpetrators should face the law and stop these actions. We should get the platform addressing all the cases,” she reiterates. After the rape incidence, Celestine says she

“Instead of the officers at the station helping me, they were asking me where I had been at that time of my being raped. They started calling me names and claimed I was responsible and the cause of my being raped.” — Celestine Ochieng

now moves around with a lot of caution, bearing in mind that she can be raped anytime. But she also cautions those who have survived rape not to be ashamed because it is not their wish nor will. Celestine is now the coordinator of the North Rift and is helping the survivors in many ways. Recently she rescued a nine-year-old girl who was to be married off to the area chief and took her back to school. The chief was arrested and is serving a 15-year jail sentence at the Shimo la Tewa Prison. Though it was not easy to accept the whole incidence, through various conference of gender based violence, Celestine has decided to be at the forefront to narrating her story to help build the confidence of other survivors who are wrapped in traumatising silence.

I have been to hell and back, says post-election violence survivor By ODHIAMBO ORLALE For two days last month, over 250 delegates gathered in Nairobi where they came face to face with horror stories of survivors of gender based violence who gave graphic details of their ordeal including the stigma and shame that they go through. The stories ranged from the shocking, to the absurd about how perpetrators violated the survivors using foul language, violence and even crude weapons. Addressing the National Summit on GBV and Peace, Zipporah* said: “If it was not for God I would not be here today. I was in a deep hole. It happened in December 2007, when a group of men raided our home. They chopped off the legs of our cows.” After dealing ruthlessly with the animals, they came to my door which they forced to open. They knocked my head with a crowbar. They raided our houses and looted. One stepped on my stomach

pointing at me with a panga (machete) saying, “We are not here to waste time.”

Narrate

“They then gang-raped me in turns and left me for dead. When they were done they shoved a metal bar in my vagina. They also poured acid on my body and left me for dead before setting our

house ablaze.” Tearfully narrating the ordeal, Zipporah recalled how she later regained consciousness and found her house on fire. She painfully struggled to pull the metal out of her vagina and stumbled towards the nearby Catholic Church for help. “I was naked. Later in the morning, some women came. I was celebrating my

“I was naked. Later in the morning, some women came. I was celebrating my day away from the grave. Others said I should be rejected. We were at a police post for one week and had no medical help. Women said I smelled too much and I should be removed. I was helped by MSF team who treated and gave me clothes.” — Zipporah

day away from the grave. Others said I should be rejected. We were at a police post for one week and had no medical help. Women said I smelled too much and I should be removed. I was helped by MSF team who treated and gave me clothes,” recalls Zipporah. Five months later, she returned to Kenyatta National Hospital but was turned away by the medics who informed her that they were done with post-elections violence cases. Zipporah went back home frustrated. However, a neighbour came to her rescue after hearing of her plight took her to COVAW who then got her back to the national referral hospital for medical assistance. “They counselled me and later medical tests were done. Test showed I was HIV free. I thanked God for it.” Looking back, Zipporah says she has been to hell and back, describing her ordeal as literally passing through the valley of death.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

9

Unfiltered, uninhibited…just the gruesome truth

Offenders evade justice as minors withdraw from cases By Faith Muiruri Constant withdrawal from on-going cases by victims of sexual and gender based violence has derailed efforts to bring offenders to book. According to Tabitha Akoth Ouya, officer in charge of the Sexual and Gender Based Violence Unit at the office of Director of Public Prosecution, most victims especially minors withdraw from the cases before they can be concluded in court. “I receive numerous cases requesting for withdrawal of cases involving minors. When we receive the files, we review all issues before us to ascertain whether the request is valid but in very few circumstances do we allow withdrawal of cases,” Ouya said. She noted that although the Sexual Offences Act provides that no case can be withdrawn from court except with the permission of the Director of Public Prosecutions, handling of cases involving teenage victims of sexual and gender based violence particularly girls aged between 16-18 years old remains a big challenge as majority are unwilling to proceed with the cases after withdrawal. “Majority claim that they are either married or are in a sexual relationship with the accused persons and thus are unwilling to proceed with the case. The cases become tricky to pursue despite the overwhelming evidence because there are no complainants and there are no provisions in law to deal with such situations,” she explained during the National Summit on Gender Based Violence and Peace. She noted that in some cases, parents are frustrated as some are willing to testify but the legal framework is not adequate to tackle such issues. “In most cases we have to consider petitions presented by the complainants,” said Ouya, citing the case of a girl in Keroka who has written to the court saying she is no longer interested in the case because the man who defiled her

is her boyfriend and wants the case terminated. “In cases where the girl has turned 18 and does not want to proceed with the case, we ask them to appear in court and testify that no one has forced them to withdraw the case so that it goes on record that they willingly pulled out of the case,” Ouya explained. She added: “This helps the court to make final decision based on the available evidence.” She says that cases regarding children are also delicate and in most instances are not concluded. According to Ouya, children are more often helpless and investigators sometimes tell the court that parents have relocated and they cannot, therefore, find the witnesses. “However, the police have to certify that the witnesses are actually not available but we insist where children are involved, we can proceed with the case if there is medical evidence,” she said. At the same time, Ouya explained that the Director of Public Prosecution has established a Sexual and Gender Based Violence Unit which plays a critical role in the area of prosecution, advising the police, reviewing of all cases brought to them. “We are also engaged in the training and sensitisation of police prosecutors, judicial officers and investigators on gender based violence. Ouya said that with support from the Women Justice Empowerment Initiative, the office of Director of Public

The front entrance to the Nairobi Law Courts. It is reported that most victims especially minors withdraw from their cases before they can be concluded in court. Picture: Reject Correspondent Prosecutions has been engaged in specialized training on forensic investigation. “This is a key area where we have continued to face challenges in regard to the management of forensic evidence,” Ouya observed. In November last year, a total of 18 advocates were appointed and gazetted all over the country to deal with gender based violence cases. “We have good lawyers who want

to play an active role in prosecution of gender based violence cases and we are hoping to gazette more,” she explained. Plans are also underway to absorb police prosecutors into the Prosecution Department. “As we devolve to the counties, we are going to continuously recruit prosecutors. Cases will now be handled by counsels or prosecutors supervised by counsels to have a more professional approach,” she noted.

“Handling of cases involving teenage victims of sexual and gender based violence particularly girls aged between 16-18 years old remains a big challenge as majority are unwilling to proceed with the cases after withdrawal. — Tabitha Akoth Ouya, officer in charge of the Sexual and Gender Based Violence Unit, DPP’s Office

She pointed out that the office of the Director of Public Prosecutions will officially launch the newly developed prosecution policy guidelines, which is key in the management of GBV. Delegates at the summit called for the strengthening of custody of evidence system, increased number of investigators and providing victims with qualified lawyers. They also proposed for the establishment of a national agency to specifically collect, collate and analyse data on GBV trends. Delegates also urged for evaluation and documenting of emerging jurisprudence on GBV litigation, which incorporates successful prosecutions, sentences served and rehabilitation of offenders. They called for a comprehensive research on gaps in the prosecutorial system and continuous engagement with cultural leaders and the Judiciary on how to adjudicate on “kangaroo courts”.

How perpetrators wish they could turn back hands of time By ODHIAMBO ORLALE It is not every day that a perpetrator of gender based violence comes out of the closet to tell his side of the story. Most perpetrators are usually men who are withdrawn, hostile and media shy for obvious reasons. So it was a shock when Musa Okutoyi braved a high-profile national meeting of over 200 delegates to share what goes on in the mind of a violent man who used to prefer to make war rather than love to his wife by turning her into a punching bag at the slightest excuse. According to the most recent Kenya Demographic Health Survey (2008-2009), men are the main perpetrators of violence in their different roles; as intimate partners of women and girls, close relatives, and as persons with authority over women and girls such as employers and teachers. In the 2010 a FIDA study showed that 79.2 per cent of respondents identified men as perpetrators compared with 14.6 per cent who cited female spouses as perpetrators. In his speech, Okutoyi said: “I am now a happy man after I abandoned my intolerant, suspicious and beastly nature four years ago to join the anti-violence campaigners.” Today, Okutoyi is a community activist with the Coalition on Violence against Women (COVAW) and has since reformed. He is appealing to perpetrators to also change their evil ways and join him in the campaign to end violence against women. Says Okutoyi: “I used to do all sorts inhumane

acts to my wife whenever I got annoyed. I would beat her at my whim. This caused me dearly as my first, second and third marriages broke. I have married four times and all have ended up in a mess because of my being violent.” Indeed, he is one of the hundreds of men who have made the lives of their spouses, children, relatives and in-laws a nightmare due to the unwarranted violence.

Justify

Without trying to justify his illegal action, Okutoyi was brought up in an environment where beating a wife was the order of the day. His father would beat his mother at the slightest ‘mistake’. Okutoyi then picked up the behaviour and characteristics of a child who has grown in an environment where he is exposed to violence. He learnt that as man he would have to be a perpetrator of violence. He would use the slightest excuse to instigate violence and these would include actions such as arriving late in the evening, not cooking food for children, not bringing hot water for her spouse to bath with in time among others.

Looking back with regret, Okutoyi says he is now ashamed and remorseful for having destroyed his previous marriages just because of his selfishness, pride and arrogance. “I am now begging my former wives to forgive me for what I had done. I believe in the Swahili saying “kuteleza sio kuanguka (To slip is not fall),” He says adding “I made my mistakes and I am ready to be forgiven”. Okutoyi advises those men who are starting a family to love, respect and treat their spouses with care and responsibly. However, he was not alone at the Summit. Okutoyi was not alone in this. Another perpetrator John Wanyama also came out in the open and confessed on how he used to beat his wife leading to their separation. The wife was forced to run away, taking off with their two children for the sake of their safety and lives. Says Wanyama: “I used to travel to all over the world. To the United States of America, Netherlands, Uganda and Tanzania among other countries to perform in the leading capitals in the world.”

“I used to do all sorts inhumane acts to my wife whenever I got annoyed. I would beat her at my whim. This caused me dearly as my first, second and third marriages broke. I have married four times and all have ended up in a mess because of my being violent.” — Moses Okutoyi

He explains: “I had a wife and twins. However, when things started going wrong and I was no longer in the jet set life, I would pour out my frustrations on them. I would to beat them up thoroughly.” Wanyama says he felt that he had not married a woman of his stature. “I fought a psychological war with myself. At one point I froze funds to her and my children. I would use force at the slightest provocation.”

Force

In another incident, he beat her up thoroughly forcing her to jump out of the window and was seriously injured as she fell to the ground. It is then that Wanaka’s wife decided to take off never to return. “I was lonely, she went underground. I had to think through it, I decided to change my lifestyle. As a man I believed that I was not expected to cry. I reached a point when I felt I had to change my life,” says the reformed perpetrator. Since then, his wife has restored their communication links and allows him to telephone and talk regularly to their daughters who are in Standard Eight. Says Wanyama: “How I wish I could turn back the clock. Life would have been different for me and my daughters today.” His message to other perpetrators of violence is that they need to read the writing on the wall and learn from his experience that life is not a rehearsal. “They should instead promote love and friendship with their spouses and children,” he says.


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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

ISSUE 090, September 17-30, 2013

Trafficking ignored as a form of GBV By CAROLYNE OYUGI From the onset Kibera looks calm or busy depending with time of the day. However, to many women these are houses that harbour painful tales of women who have undergone traumatizing experiences of being trafficked. Yet the sprawling slum has turned into a safe haven for scores of women who are victims of trafficking. Zuhura Odhiambo, a middle-aged Nubian woman has seen it all and now recounts the harrowing experience. At one point in her life Zuhura was very desperate and needed money to support the children after her husband abandoned the family. A friend secured her a job in Mombasa as a house maid. “She told me that I would work for some white man and the money I was to be paid was enticing. I, therefore, thought I would be able to pay fees for my son in class seven and even save for his secondary school fees,” she recalls. She agreed to the plan and went all the way to Mombasa to meet the employer. The house was big as it had been described to her. However, things did not go as she had anticipated. Immediately Zuhura got in, she was locked in the big house for three months together with other girls and turned into sex slaves. “The man who was supposed to be my boss turned out to be a pimp. He would sell us to

“Nubian women and girls are at high risk of falling victims of human trafficking because most of them lack basic requirements like national identity cards. Most of them are too ashamed to come out and share their experiences because the Nubian culture does not allow discussion of such issues.”

other men for forced prostitution under tight security. The men would do unimaginable things to us. We became sex slaves,” she explains. Zuhura had to put up with mistreatment by until the day she found an opportunity to escape. “On that day I left with a client as usual and fortunately there was a robbery in that house. I took advantage of the confusion and escaped,” she recalls. What Zuhura underwent has caused her many sleepless nights and as much as she talks about it freely, she hopes that one day everything will be okay.

— Zuhura Odhiambo, victim of human trafficking

Traumatised

Today, Zuhura is a community worker working with Angaza Community Project in Kibera .Together with the founder of the project Carolyne Achieng they are counselling other victims of trafficking who are traumatized by their experiences. At the National Summit on gender based violence and peace it was noted that though trafficking of women is a form of violence, it is rarely talked about. “There are houses that host even ten girls who have come from different parts of the world who have been physically and sexually abused,” explains Zuhura adding that most of them are too ashamed to come out and share their experiences because the Nubian

culture does not allow discussion of such issues. Zuhura observes that Nubian women and girls are at high risk of falling victims of human trafficking because most of them lack basic requirements like national identity cards. She notes that this makes it hard for them to get employed and become independent. According to Dr Gladys Mwiti, a clinical psychologist who is also the chief executive officer and founder of Oasis Africa, gender based violence survivors and victims are a special type of clients. “When a GBV survivor visits a

health facility to seek medical services it is not just the physical. They also need to get the second diagnosis for their mental and psychological well-being,” notes Mwiti. Addressing the National Summit on GBV organized by Peace Initiative Kenya with support from USAID, Mwiti noted that people who have been violated before usually undergo discrimination and end up blaming everyone. Others end up living with a mental condition which changes their lives completely. “They undergo dual trauma but unfortunately they only receive clinical services but the psychological is left

out,” she notes. Mwiti reiterates that community support is important for healing the psychological impact of gender violence. However, she notes, health professionals do not ask patients about trauma and those who ask are not trained. Just like Mwiti says, Zuhura has been treated for many diseases but she only got psychological support at Angaza. Mwiti explains that even the hardest mental problem can at times be solved by listening. Given a safe place with a doctor the patient will tell the story well. However, she is saddened that only 2.5 per cent of doctors diagnose psychological health. Gender-based violence continues to be “The most pervasive yet least recognized human rights abuse in the world. It is an issue that cuts across all cultures, races, religions, and socio-economic levels.” Global solution .org


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

Unfiltered, uninhibited…just the gruesome truth

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Not an easy task covering violence stories By CAROLYNE OYUGI Sexual and Gender Based Violence has for a long time been treated as a family issue. It has been discussed in hushed tones and not even the neighbours are allowed to comment because that is the way of life. Victims and survivors of gender based violence have, therefore, had to live with the effects of the atrocities with nowhere to go and no one to rescue them. Some cultures have normalised some types of violence like female genital mutilation and wife beating. This makes it hard for the victims to report the cases because it is like going against the community. For proper education on the negative effects of gender based violence to be known so that these trends can end, civic education, accompanied by strong and persistent anti-gender based violence campaigns have to be carried all over the country. However, for this to be effective, the media has to be involved by highlighting these stories that can help change attitudes around gender based violence. However, despite this the media faces a daunting task of highlighting stories on gender based violence. The challenge of reducing or even ending GBV is, however, not only felt by the victims and survivors alone. This was discovered during media training on how to report gender based violence and peace stories organized by African Woman and Child Feature Service under the Peace Initiative Kenya (PIK) project supported by the USAID. The 30 journalists were drawn from the 18 counties that were mostly affected during the 2007-2008 post-election violence indicated that there are many challenges they face in reporting gender based violence stories. Most journalists complained that they lacked facilitation by their media houses to enable them cover the stories effectively. “At times you are very interested in the story but for you to get it you must travel many kilometres. This means that you have to use your fare and airtime for making calls. If you ask for a refund from the

head office, no one will listen to you,” said one of the journalists. The obstacles, however, do not end there. Another problem is that even when journalists strive to cover GBV stories, somehow they never find space. Some journalists complained that after going through the troubles and compiling the stories, they never see the light of the day. According to the journalists, media houses find political stories ‘juicier’ than the story of a woman who was gang raped. The journalists also noted access to information as another challenging obstacle. This is both from the survivor and the relevant government offices like the police. “At times it is even hard to talk to the victim to hear the story as it happened. They are usually protected by the family and the people around them and a journalist is treated with a lot of caution,” said one of the participants. This mostly happens when the perpetrator is someone close to the victim or is a family member.

Protection

When this happens the story to loses credibility. Government institutions have also not made their work easier. Getting information which should be easily and freely shared with the public is not easy as they treat it as protected. At times the journalists are taken round and round and some officers even demand for bribes or imaginary fees before they can release any information. This delays the journalist’s work and he or she might not be able to meet the deadline or miss the whole story altogether. The journalists also blamed Kangaroo courts for making stories disappear. “At times you follow a domestic violence cases and start documenting then when you are almost done you hear that the victim has withdrawn the case and that they are going to sort it out at the family level,” one of the journalists shared. This, he noted, was very discouraging and that is why some journalists never bother with gender based violence stories.

A journalist at work. Journalists face challenges in reporting GBV cases. Picture: AWC Other journalists also confessed to having their own personal biases against gender violence stories. These are people who are caught in between their own culture and career. For example, a journalist who has been brought up in a community that practices female genital mutilation finds it hard to cover a story condemning the vice. “We are also human beings and are not perfect so it is hard to draw a line between cultural beliefs and what I’m expected to write,” said one of the participants.

Challenges

Despite all these challenges, Cyprian Nyamwamu, a gender and devolution expert urged the journalists to find ways of overcoming the challenges and be agents of change.

”Journalists are expected to be agents of change. They should be objective and most important, they should ask questions that no one else can ask.” According to Maryfrances Lukera an advocate at the High Court, journalists must read and understand the laws, Bills and Acts that connect to gender based violence before reporting stories so as not to pass wrong information to the public. “Some good bills like the marriage bill have always suffered judgement by the media. Unfortunately the journalists who are trusted by their audience do not take their time to read the whole document and give a balanced report,” she said, adding that this misleads the public into taking sides without understanding the positive gains of the document.

Radio proves a powerful tool in preaching peace By DUNCAN MBOYAH Following the post-election violence in Kenya in 2007-2008 that killed over 1,000 people and maimed thousands more, hotspots were developed following the magnitude of deaths and damage experienced. The hotspots were regions that were inhabited by communities that are considered aligned by the original inhabitants. Such regions included informal settlements in major cities, Central, South and North Rift Valley as well as the Coastal region. Uniting people from different communities, however, proved difficult as most dominant communities did not accommodate others amidst them. Fearing that the just concluded General Elections could have taken the same trend, Peace Initiative Kenya (PIK), under the leadership of International Rescue Committee, brought together seven implementing partners that included Well Told Story who was tasked with educating the masses through different radio peace programmes in the run up to the General Election. “We developed a comprehensive radio programmes that targeted the hotspots with drama series meant to educate citizens on peaceful election and cooperation amongst different communities,” Rose Mwari told The Reject in an interview.

A radio programme producer with Well Told Story, Mwari noted that presenters were retrained on how to moderate peace programmes. The programmes were further divided into six episodes of 15 minutes each and directed at the different hotspots that had been identified. “The presenters were told not to switch off listeners and always let callers complete their statement before answering their questions,” explained Mwari. Well Told Story identified predominant issues that led to the killings and destruction of properties in Rift Valley and the Coast. It then recruited actors and repackaged six episodes. The actors were drawn from all tribes found in the region as a means of helping foster unity amongst the communities. “We managed to influence all radio stations we had identified and gave

them the episodes to carry in their programmes with ease,” Mwari noted. The programmes were aired in Kass FM and Baraka FM, with all the stations carrying programmes developed from other hotspot regions that were aired from mid-February to early March just before elections. The key messages were aimed at influencing citizens to accommodate one another and also to elect leaders of their choice irrespective of political party affiliations. “The episodes stressed the importance of having every community as an asset and that they should not view each other as enemies,” explained Mwari. In between the talk shows voices of people who were captured during the post-election violence were played to help remind listeners of what many people went through before the peace deal was signed. Immediately the programmes went

“We managed to influence all radio stations we had identified and gave them the episodes to carry in their programmes with ease. The key messages were aimed at influencing citizens to accommodate one another and also to elect leaders of their choice irrespective of political party affiliations. ” — Rose Mwari, Radio Producer, Well Told Story.

on air, the presenters had a call in session that was used to gauge the listenership. Many listeners called with some asking questions and others praising the programme. Well Told Story went out again after the elections and called on people to accept the Supreme Court ruling instead of taking to the streets. Mwari noted that the idea was a success since places like South Rift that had experienced conflict in 2007-2008 remained calm. “In 2007-2008 livestock farmers let their animals loose on farms owned by those from outside the region. This caused untold economic drawback in the area,” Mwari noted. She said that hotel industry in the area suffered as there were no people and locals who were employed in the farms were left without employment for a long time. “The local people did not get their food supply as suppliers could not

travel into the region for fear of losing their lives.” Towards the end of the nine weeks of airing the episodes, a competition was organized for all the hotspot regions where winners were given heifers and runners-up goats. Best actors from all the regions were awarded as well, with interesting developments, as winners were people from outside the regions and were accommodated by the fellow competitors. “The awards gave an indication that Kenyan communities have embraced integration with others without fear as was the case before,” she observed. According to Mwari, listeners hoped that the programme continues since a lot of people are still asking for more episodes. However, she noted it was unfortunate that the programme did not include Nyanza and Western Kenya regions where people continued to demand for it. Mwari suggests that in future, a lot of attention should be given to elders, religious leaders and community based organisations for sustenance purposes adding that institutions alone cannot lead to successful peaceful co-existence. “Let us also use local non-governmental organisations as opposed to international organizations that pull out once funding comes to an end,” she advised.


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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

ISSUE 090, September 17-30, 2013

Legal systems leave victims vulnerable By NANCY WAFULA

Rowdy mobs who inflicted injuries on Kenyans in the post election violence. Inset: Hulda Ouma, National Gender and Equality Commission (NGEC) gender advisor. NGEC is charged with protecting human rights. Pictures: AWC and IRC

Commission on equality seeks to protect Kenyans against violence By HENRY OWINO The National Gender and Equality Commission (NGEC) was established as the successor to the Kenya National Human Rights and Equality Commission to advocate for human rights, discrimination and fight against gender based violence. According to Article 249 (1) of the Constitution, the objectives of the Commission are; to protect the sovereignty of the people; to secure the observance by all state organs of democratic values and principles and to promote constitutionalism. In addition, Article 249 (2) stipulates the independence of the Commission though subject to Constitution and the law; it is not subject to direction or control by any person or authority. The National Assembly (Parliament) is obligated by law to allocate adequate funds to enable the Commission perform its functions. Citizens should therefore ensure that County Assemblies allocate sufficient funds for GBV cases in their respective budgets. According to Hulda Ouma, Gender advisor at the Commission, the functions of the Commission include; conducting investigations on the basis of complaints, mediation, and negotiation and any other functions and powers prescribed by legislation as stipulated in articles 252 and 253. “A complaint to the Commission may be made by any person and/or any person entitled to institute court proceedings under Article 22 (1) and (2) of the Constitution where a right has been denied, violated, infringed, or is threatened,” says Ouma. She adds: “The Commission also has powers to issue summons to a witness to assist it in its investigations. In addition, each Commission is a corporate body; and is capable of suing and being sued in its corporate name.”

Compliance

Other roles are; to promote gender equality and freedom from discrimination in accordance with Article 27 of the Constitution; monitor, facilitate and advise on the integration of the principles of equality and freedom from discrimination in all national and county policies, laws, and administrative regulations in all public and private in-

stitutions. The Commission also acts as the principal organ of the State in ensuring compliance with all treaties and conventions ratified by Kenya relating to issues of equality and freedom from discrimination and relating to special interest groups such as the minorities and marginalised persons, women, persons with disabilities and children. According to Ouma, Gender and Equality Commission co-ordinates and facilitates mainstreaming of gender issues, persons with disability and other marginalised groups in national development and advises the Government on all aspects. She explains that it monitors, facilitates and advises on the development of affirmative action implementation policies as contemplated in the Constitution. “The Commission investigates on its own initiative or on the basis of complaints, any matter in respect of any violations of the principles of equality and freedom from discrimination and make recommendations for the improvement of the functioning of the institutions concerned,” Ouma notes. Ouma, explained functions of the Commission during the National Summit on GBV and Peace. She noted that the Commission is mandated to co-ordinate and advice on public education programmes for the creation of a culture of respect for the principles of equality and freedom from discrimination. “It also conducts and co-ordinates research activities on matters relating to equality and freedom from discrimination as contemplated under Article 27 of the Constitution,” Ouma explained. It receives and evaluates annual reports on progress made by public institutions and other sectors on compliance with constitutional and statutory requirements on the implementation of the principles of equality and freedom from discrimination. Ouma explained that the Commission also works with the National Commission on Human Rights (NCHR), the Commission on Administrative Justice (CAJ) and other related institutions to ensure efficiency, effectiveness and complementarily in their activities and to establish mechanisms for referrals and collaboration in the protection and promotion of rights related to the

principle of equality and freedom from discrimination. The Commission also conducts audits on the status of special interest groups; minorities, marginalised groups, persons with disability, women, youth and children. “It may perform other functions considered necessary for the promotion of the principle of equality and freedom from discrimination. Such other functions are in line with the UN Convention on Elimination of all forms of Discrimination against Women (CEDAW),” Ouma explained. The convention is a gender-specific human rights treaty that protects women from all forms of discrimination including violence. The general recommendations number 12 of Convention, Articles 2, 5, 11, 12 and 16 of CEDAW require the States parties to act to protect women against violence within the family, work place or in any other area of social life. The recommendations to the States parties are that they should include in their periodic reports to the Committee information about; the legislation in force to protect women against the incidence of all kinds of violence in everyday life. These include sexual violence, abuses in the family, sexual harassment at the work place among others. Among other things are measures adopted to eradicate this violence; support services for survivors and statistical data on the incidence of violence. The GR 19 (1992) Violence against Women: Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men. It emphasised the connection between discrimination against women, gender-based violence, violations of human rights and fundamental freedoms among other human violations. “UN CEDAW Convention is the central or key international instrument for the elimination of discrimination and violence against women. Adoption of the CEDAW Convention in 1979 seen as a landmark achievement that added a gender perspective to the international human rights law and integrated women rights in human rights,” Ouma says.

Cases of Gender Based Violence in the country are on the rise. Statistics indicate that out of every ten women, three have suffered one form of GBV or the other. Police reports indicate that cases of rape increased from 322 in 2012 and 297 in 2011 between January and May to 383 within the same period in May 2013. According to Betty Murungi, a gender and peace expert, the cost implications are enormous with injuries and deaths accounting for 28.9 per cent, financial problems standing at 26.3 per cent, separation and divorce translating to 21.1 per cent, sexual abuse at 15.8 per cent and emotional depression at 7.9 per cent. Murungi noted that GBV accounts for the highest number of reproductive health challenges and cites abdominal pain, fibromyalgia and mental problems. The lawyer further said that GBV has undermined the realization of Millennium Development Goal number three on promoting gender equality and empowering women. “Gender based violence also directly diminishes the goals espoused in Vision 2030 when the lives of women, men and children are disoriented away from the vision to focus on managing crisis,” Murungi noted. She blamed poor investigations and a weak legal framework which she said continues to discriminate against victims who are not protected from the perpetrators. “Gender based violence is on the increase since victims who are mainly women and girls do not speak out or report the violence for fear of reprisals,” she explained. She noted that many victims are afraid to speak out because of stigmatization and rejection by the community and that is why many women and young girls suffer silently. Murungi said that lack of proper legal and policy frameworks have further led to poor response to gender based violence cases. “Gender Based Violence is becoming a crisis in Kenya because of the poor legal and policy frameworks which are not able to meet the standards of addressing this issue,” Murungi said. She added: “Lawmakers and implementers should review and formulate gender laws in the country including Acts and Bills with the aim of reducing factors that may lead to GBV.”

Coordination

She noted the need for coordination among key stakeholders to put in place workable procedures for exchange of information and referrals across different service action points including the health, law enforcement and social services. According to United Nations Annual Report 2012, about 39 per cent of women have experienced violence since they were 15 years old. The main perpetrators are husbands and to a lesser extent, teachers, mothers, fathers and brothers. The report also states that 30 per cent of married women have experienced emotional violence by husbands and 37 per cent physical violence and 17 per cent sexual violence. The number of women and girls who have experienced gender based violence is higher than men, since men are mostly the perpetrators of this violence. The Kenya Demographic Health Survey (KDHS) 2008-2009, reveals that the most vulnerable women are in the category of unemployed and those whose spouses drink heavily or show controlling traits. On the other hand, women who are more involved in decision making at their homes experience less violence, while women and girls who are voiceless are less informed and may not have the strength to counter assault. These are at a high risk of suffering one or more forms of gender based violence. According to the report, women who are unemployed suffer most in their marriage especially if their spouses are violent because most of them rely on their spouses for financial support and if they walk out they may lose the support they are getting hence choosing to be quiet about it and suffer silently. The Government, therefore, should ensure that structures are well placed to attend to the victims of gender based violence which include GBV centres and special offices like a GBV response unit at the police station to deal with violence cases.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

Unfiltered, uninhibited…just the gruesome truth

Socialisation key to end violence By Carolyne Oyugi Gender Based Violence is indiscriminate and targets both men and women though women suffer most. According to a new report released by the World Health Organisation (WHO) in partnership with the London School of Hygiene and Tropical Medicine and the South African Medical Research Council, physical or sexual violence is a public health problem that affects more than one third of the world’s women. The report, Global and Regional Estimates of Violence Against Women: Prevalence and Health Effects of Intimate Partner Violence and NonPartner Sexual Violence, represents the first systematic study of global data on the prevalence of violence against women — both by partners and non-partners. Closer home gender based violence, particularly sexual violence against women is on the rise according to the annual report released by Gender Violence Recovery Centre (GVRC) in April.

Report

The report further reveals that sexual abuse is the most commonly reported form of abuse suffered by survivors. Between 2011 and 2012, of all the cases reported 2,532 were sexual and 422 physical violence, and of these 90 per cent of all reported cases of gender violence are reported by women and girls, 10 per cent by men or boys. Men have been viewed as the perpetrators of GBV especially sexual violence and stakeholders have realised that they must involve men in

the fight against the vice. Many institutions including the United States Agency for International Development (USAID) have been at the forefront in the fight against gender violence in Kenya. They have come up with genderbased violence programmes which are committed to preventing the vice by working towards increasing access to justice and integrated support services. They also work at increasing overall public awareness about gender based violence. The Kenyan government has also paid attention to gender violence and the Sexual Offences Act 2006 was a great step in addressing sexual violence against women.

Solution

The Sexual Offence Act is an act of Parliament and has entrenched sexual offences, their definition, prevention as well as protection of persons unlawful sexual acts. Gender based violence, particularly against women, remains a ma-

jor problem in Kenya and there is still so much to be done if this evil is to be curtailed. According to Fredrick Nyaga, Executive Director Men Engage Kenya Network (MENKEN), the solution to gender based violence lies in involving more men in the fight against it. He noted that change can only come from the way boys and girls are socialised. “This engagement has to start from a very young age at home and in school,” reiterated Nyagah. Speaking during at the National Summit on Peace and Gender Based Violence under the Peace Initiative Kenya Project that was supported by USAID, Nyaga blamed parents for the way they bring up their children. He noted that children are brought up with different toys. Boys are given toy guns and girls are given dolls. “The toys automatically socialise girls to be timid, while boys become violent.” “From a very tender age boys embrace masculinity which is often associated with characteristics such as

“From a very tender age boys embrace masculinity which is often associated with characteristics such as aggressiveness, competitiveness, dominance, strength, courage and control. Femininity is, on the other hand, associated with weakness, gentleness, tolerance, passivity, and emotion.” — Fredrick Nyaga, Executive Director, Men Engage Kenya Network (MENKEN

aggressiveness, competitiveness, dominance, strength, courage and control. Femininity is, on the other hand, associated with weakness, gentleness, tolerance, passivity, and emotion,” noted Nyagah adding “this leads to boys growing up with a patriarchal mind and looking down upon women”. The Summit brought together over 200 delegates drawn from peace platforms across Kenya with the running theme: “From Private to Public Domain: The Gender Based Crisis in Kenya”. Nyaga said that there is a growing consensus for engaging men in sexual reproductive health and GBV. “Nearly half of all worlds’ men have some connection to children as fathers, stepfathers, brothers, uncles, grandfathers teachers, mentors, coaches or simply as friends. Men too stand to gain from a violence-free environment,” Nyaga reiterated. He added: “Many men care about women who are important in their lives like their sisters, mothers, wives and they are not happy when they

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Children at Mirera School in Naivasha. The way children are brought up determines how they behave as adults. Pictures: AWC and IRC are abused.” Noting that men also stand to gain from an environment that is violence free, Nyaga noted that they have not been actively involved because programmes aimed at ending the vice tend to concentrate more on the victims and survivors than perpetrators. According to Nyagah, men are just seen as perpetrators. He noted that the law also does not address the need to engage with men around prevention of GBV. “Programs should recognize that men play a major role in decisionmaking, planning and resource allocation. They should be viewed as allies and resources in preventing GBV,” Nyaga said. He recommended that people should change their perception of men and look at them positively. “Opportunities should be created for men to examine and question gender norms that negatively affect their lives and those of their partners and families. Men should then be asked to develop healthier alternatives,” Nyaga explained. He added: “People need to change their perception of men from obstacle to partner, from liability to asset and from careless to potential to caring.” Nyaga also encouraged men to show affection towards their children and not impose fear on them. He gave an example of families where when the father arrives in the house everyone leaves the house for him to avoid violence. According to Nyaga, women and the society at large should be supportive of men who have changed so as to encourage more of them to follow the correct path of non-violence.


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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

Government officers join in the fight to end violence By ODHIAMBO ORLALE

Damaris Kimondo serves as the Narok Deputy County Commissioner, a region where FGM is the leading cause of gender based violence against girls. Identify Kimondo was identified by PeaceNet because of her strong stand on issues related to gender based violence. This is what made her be part of the delegation that came to the National Summit on Peace and GBV. Kimondo had been invited to a feasting ceremony at an elderly Maasai man’s home only for her to arrive and discover that it would be converted into a wedding between the host and a schoolgirl. “It was when I arrived at the home that I noticed the bride was a minor. I was taken aback. I could not take part in the celebrations and asked my driver that we leave,” explains Kimondo. She adds: “I then called the Officer Commanding Station (OCS) and asked him to take immediate action.”

Intervene

Kimondo was among speaking at the National Summit that was graced by 20 provincial administrators and security officers. The others were seven chiefs, including woman chief from the Coast and six police officers. According to Kimondo there are certain times when they are forced to intervene so that courts can give perpetrators maximum jail sentence in FGM and gender based violence cases as a deterrent to others. “We want to change the bad impression that was there before that

A women organization has disclosed that Taita River County is leading in the number of Female Genital Mutilation (FGM) among other sexual gender based violence (SGBV) cases in Coast region. A member of Sauti Ya Wanawake, an organization that has been fighting GBV in the region Ms Naima Mwinyi noted that cases of early pregnancies and marriages, rape, defilement, sodomy incest, domestic violence and child labour and prostitution, sex tourism and human trafficking were rampant in the region. “Men and women sharing partners are some of the cases that have been reported in the region,” she noted. Addressing the National Summit on GBV at Safari park Hotel in Nairobi recently, Ms Mwinyi pointed out that cases of FGM and SGBV were ranked high in Tana River during the month of July and September this year. “We conducted several peace platforms in the region and we found that high cases of GBV were

Government mounts pressure to have FGM eradicated By DUNCAN MBOYAH

County administration officials are now among the agents in the fight against gender based violence. Picture: Reject Correspondent chiefs and administrators were corrupt, high handed and arrogant. We are here to serve the public,” she explained. However, while the provincial administration is posted to serve the public, there are a few rogue ones as was identified by Daudi Sipoi, who works with PeaceNet, an implementing partner in Peace Initiative Kenya as a peace champion in Kajiado County. Sipoi has been at the forefront in the fight against early and forced marriages. Although he has been

able to intervene in many cases, one that touched him greatly was where a chief, who is a government officer under the provincial administration, was going to marry an underage girl. “I had been tipped off about a chief in the area who had identified a schoolgirl to marry as a second wife,” says Sipoi. “He had colluded with the girl’s parents to have her undergo forced Female Genital Mutilation, which would make her be forced out of school and marry him,” he explains.

However, the chief was not luck because Sipoi and other gender based violence activists got wind of what was going on and intervened. Says Sipoi: “The chief wanted to marry the schoolgirl but we intervened in time. He was later arrested and is serving a 15-year jail term at Kamiti Maximum Prison. The girl is back to school and is doing well.” Among the pastoralist communities, FGM which is a rite of passage for girls, usually also marks the end of the education, and the beginning of their life as married women.

Tana River is ahead for the wrong reasons BY BENSON MWANGA

ISSUE 090, September 17-30, 2013

reported in Tana River County, followed by Kilifi and Kwale counties. Victims of sexual violence freely spoke about the cases at the peace public forums,” she said. Without giving figures, the women leader blamed the cases on inter-clan conflicts and the insurgence of Mombasa Republican Council (MRC). The President of MRC comes from Kombani in Kwale. The two-day National Summit sponsored by Peace Initiative Kenya was to review GBV situation in Kenya, identify opportunities for prevention of the cases and effective service provision and share best practices and exchange experiences in addressing the GBV crisis at various levels. Participants of the summit were drawn from all counties in the country. Mwinyi her organization has started mapping out actors in the region to help her organization in addressing the menace. She cited some of the identified actors as provincial administration, village elders, teachers, parents, Khadhi, local communities,

lawyers, judiciary and Prisons department among other stakeholders. At the same time the official expressed various limitations that hinder GBV in the region and they include free bonds to perpetrators of violence who later interfere with the cases, culture, Kangaroo courts and corruption and impunity. Other limitations include illiteracy levels and ignorance, political interference and influence, transport and P3 costs, poverty and lack of GBV victims’ protection unit, rehabilitation and research centres including lack of resources.

Rise

Mwinyi noted that despite the rising GBV cases in the region, local County Governments had not allocated funds to help fight against the vice. She said the devolved governments had not engaged relevant stakeholders in budgetary process for this financial year to set aside funds for GBV awareness campaigns. “Stakeholders in GBV needs to strengthen networks, civic educa-

tion to eradicate the vices,” said Mwinyi. She at the same time said there is need to engage COVAW and other actors to promote access to justice and strengthen referral systems. Another women leader Marian Kasa from Tana River blamed some unscrupulous parents of perpetrating GBV cases. “We have rescued school going girls married off by their parents and taken them back to school to continue with their education. Scores of the perpetrators of GBV have also been arrested and charged in a court of law,” she said. According to studies on physical or sexual violence by region 2009 KDHS, Nyanza tops with 54.1 percent and 21.6 percent in sexual violence, Western 50.4 percent, Rift valley 39.8 percent, Centra 35 percent, North eastern 32.8 percent, Eastern 31.5 percent, Coast 29 percent and Nairobi 24.6 percent. The analysis reveals that the rate of incidence of physical violence signifies relative similar levels of violence in all regions except North Easters which has low incidences.

The Government has started County awareness creation platforms where Female Genital Mutilation (FGM) is practiced with the aim of eradicating the practice. According to Josphat Ireri, a Gender Officer at the Ministry of Devolution and Planning, the consultations target communities in Kisii, Migori, Baringo and Tana River counties where FGM is widely practiced. “Despite outlawing FGM, it is unfortunate that communities have refused to abandon the practice that is detrimental to young girls,” Ireri said at the National Summit on Gender Based Violence. Ireri challenged civil society organisations to help the Government by ensuring that the dialogue continues by bringing populations on board to own the whole process. He revealed that the Ministry is currently helping in mainstreaming gender in all sectors so that people will understand the dangers of GBV and develop programmes towards its eradication. “We cannot realise development through national planning if more than 50 per cent of the population are not taken care of by the national government,” Ireri reiterated. He said the Government has embarked on training all its employees on gender responsive budgeting by ensuring that allocations are done with gender in mind.

Planned attention

However, Ireri, called on the Constituency Development Fund (CDF) board to consider allocating funds for programmes aimed at eradicating GBV at the constituency level given that the vice needed planned attention and involvement of all stakeholders for it to be wiped out. Ireri appealed to women to utilise the existing business opportunities by applying for loans from women enterprise funds and also seeking political positions that has been created by the constitution. “Women just like men have the power to start their own businesses and also run for positions of leadership,” he noted. He revealed that it is unfortunate to note that in every four poor people, three are women yet the fund is available for their development so as to make them self-reliant and economically independent. “Seek tenders as well from the national and county governments as away of improving your lives,” Ireri said. While gender based violence cuts across all social stratus, it is among the poor that it is most perpetuated. When women have access to their own income, they help reduce poverty at the household level and hence also chances of tension brought about by lack of money and gender based violence. Ireri decried the recent spate of beatings meted out on men in some places adding that the law covers all citizens irrespective of their gender, and that men need to report such cases to the police for action. “Gender based violence is not a women’s issue because it also affects men and therefore all perpetrators should be held responsible by a court of law,” he said.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

Unfiltered, uninhibited…just the gruesome truth

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Mombasa County women fight against sexual and gender based violence By DIANA WANYONYI Women in Mombasa County can now sleep soundly thanks to peace project introduced a year ago. The project sought to empower communities on how to deal with sexual and gender based violence. It also sought to bring on board some of them as peace monitors during and after the March 4 General elections. Through the Peace Initiative Kenya, FIDA and Sauti ya Wanawake Pwani worked with small groups under the small grants to enhance work on peace and GBV. According to Joyce Isiakho, a member of Coast Christian Women Network Association, the initiative has enabled them train and monitor women and children in their respective groups in ‘chamas (merrygo-rounds)’ and schools in the fight against sexual and gender based violence. Addressing a women’s peace county platform forum under the Peace Initiative Kenya in Mombasa, recently, Isiakho said that through the meetings they convened thrice a week in different parts in the County, they were able to educate and enlighten villagers on the need to maintain peace and to report any violence cases through short message service (SMS) to the authorities by ensuring their confidentiality and safety. Isiakho said: “Women are most affected by gender based violence especially during the clashes or conflict, and that is what motivated me to join the movement. We have worked together with different organisations from Likoni, Changamwe, Kisauni and the island. In our meetings, we were able to work closely with District Peace Committees, opinion leaders, provincial administration and community based organisations.”

Contact

They also had a rapid response mobile number which they used to receive sensitive messages on issues regarding GBV. This enabled them to respond immediately to the tips by rescuing the victim and reporting the matter to the relevant authorities without the knowledge of the perpetrator. However, all was not well for the monitoring peace team. Isiakho noted that some women received threats not to participate in the elections while others were victims of wife-battering. “As a team, we handled several cases in Likoni where some women were warned not to vote and others beaten severely by their spouses but we managed to solve the matter,” Isiakho said. She added: “I applaud women for their continued support to spread peace messages and to be ambassadors.” The meeting was held as Peace Initiative Kenya was holding the National Summit in Nairobi to mark the end of the

project that started in September, last year. According to Betty Sharon, chairlady Coast Women in Development there is need for the Police Service to have a gender desk at every polices station where an officer who is trained and equipped with information on dealing with gender based violence is posted. The officer should also be able to eliminate stigma suffered by survivors who report to the police. “We have several organisations that train police officers on gender based violence, unfortunately when they (police officers) are transferred to other stations. The same gender desk is replaced with another police officer who does not have knowledge on gender based violence. Isiakho noted: “As an activist, I have received several complaints from survivors of sexual and gender based violence who on reporting to the police, end up being ridiculed. There are even officers who start discussing the victims out of work place.” Applauding the move, Mombasa County Women representative, Mishi Juma Khamisi, noted that sexual and gender based violence training lessons should be included in the police curriculum from college level. “The Police Service should undergo several lessons on sexual and gender based violence so as to enable them have the general knowledge on how to deal with the situation after they have been posted to different areas in the country,” said Khamisi. She added: “This will enable the victims to open up to the police freely because they will be handled professionally.” Khamisi also called on community based organisations to partner with the police during the sensitisation of gender based violence issues. On the other hand, Khamisi claimed the Judiciary and Police Service were corrupt when handling sexual and gender based violence cases. “It is becoming difficult for us to believe what is happening in our courts and police stations because most of the files that have sexual and gender based violence cases are often missing in the police stations,”

From left: Activist Sarah Nyamvula, Mombasa County Women Representative Mishi Juma Khamisi and Jackline Polo-Kawere a senior programme officer FIDA in Mombasa during a women peace County platform forum in Mombasa. Below: A woman beaten and injured by her husband in hospital. The PIK project has created awareness on GBV management. Pictures: AWC and Diana Wanyonyi

Khamisi noted. She advised: “By re-integrating them into the society regardless of their background, they will be able to heal faster and overcome the trauma.” Khamisi explained that women parliamentarians are on the final legal process to make sure that the Sexual Offences Act is tabled and amended in the National Assembly to ensure that stiff penalties are enforced. “We are going to move an amendment to the Act because we believe that the Act has many loopholes,” Khamisi said. However, she blamed the new media saying it had contributed to increase of pornographic materials that could be easily accessed by old and young people through the Internet. “Our County government does not have “Even in the Media Bill, we are urging the enough resources to put up rescue centres Media Council to regulate and control confor children who are victims of sexual gentent of pornographic nature,” Khamisi said. der violence and they will be more traumaOn her part, Jackline Polo-Kawere, a tised if we put them together in one place,” senior programme officer with FIDA in Mombasa, blamed the residents for not reporting sexual and gender based violence to the relevant authorities in good time. She noted that most of the cases were either settled at home or went unmentioned. “The major challenge we are facing in fighting sexual gender based violence is the reluctance by the community members to give us the information. Most of the cases are not reported to us or to the police. We usually hear them from the public who are not willing to report the — Betty Sharon, chairlady Coast Women in Development matter,” said Polo-Kawere. Khamisi noted. She added: “At times one has to give money to silence the matter. There are times when the matter is compromised or ruled in favour of the accused if the victim is poor.” At the peace platform meeting community based organisations and non-governmental organisations were called upon to work together and come up with community and family re-integration programmes that will restrain children from the streets or push them into compromising situations that puts them at risk of being sexually molested.

Final process

“There is need for the Police Service to have a gender desk at every polices station where an officer who is trained and equipped with information on dealing with gender based violence is posted. The officer should also be able to eliminate stigma suffered by survivors who report to the police.”


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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

ISSUE 090, September 17-30, 2013

Hotline comes to the rescue of GBV victims By DUNCAN MBOYAH

Violence meted on women, children and lately men, especially sexual violence is rampant in Kenya in the face of increased societal changes. From February this year to date, 3,086 victims have reported being violated by their relatives and some by strangers in the country. Women and children undergo untold suffering silently due to fear, stigma, poverty and lack of knowledge in the event of being sexually abused and also undergoing forced Female Genital Mutilation (FGM) among other forms of violence. This trend continues to increase infections such as HIV and other sexually transmitted infections. However, Healthcare Assistance Kenya (HAK) has come up with a hotline number 1195, through which victims of violence can report their cases. Through the line, survivors have started sharing their situation and getting quick service that helps save their lives. A walk into HAK’s control centre gives an immediate indication that indeed many people are suffering given that all the four personnel incharge are always on phone either counselling or giving instructions on what to do and where to report to immediately for help. “We were involved in overseeing hygiene management in Internally Displaced Camps (IDPs) in collaboration with the Kenya Red Cross after the 2007-2008 post-election violence when we came across several cases of gender based violence,” explained Fanis Lisiagali, Project Director at HAK. According to Lisiagali, from the phone calls they receive, many people report cases of sodomy, rape and physical assault. Those who report have high expectations of getting assistance immediately. This is because for a long time the Police emergency line 999 has not been operational. However, this proved to be a challenge to HAK because they lacked partners and knowledge of handling such cases. “We thought of what to do and decided to visit Communication Commission of Kenya (CCK) with the possibility of them offering us with a short code that the victims could use to get to us and further get assistance from the police or hospital,” she says. The Communication Commission of Kenya officials saw the need and gave HAK the code 1195 free of charge. They also wrote to all mobile phone providers to help integrate the number and maintain it.

Provide

Thereafter Safaricom, Yu and Airtel phone providers set up the number and by February 2012 to date the number has been operational and continues to offer services to victims of gender based violence successfully. Within a short time HAK was able to go to Kenya Broadcasting Corporation (KBC) television and radio to share experiences of survivors. Through this visibility many people started calling for assistance. Within one week, a neighbour in Kikuyu Township called to relay information of a father who had been defiling his three children. The children were taken to Nairobi Women’s

Hospital and later transferred to Kenyatta National Hospital where they took four months to recover as their father jailed to serve term at the Kamiti Prison. However, in January this year, HAK joined Peace Initiative Kenya (PIK), a consortium of eight organisations that sought to address issues of gender based violence. PIK was started with the aim of seeking to ensure peaceful co-existence among Kenyan communities and also find ways to ending GBV. Through the visibility, HAK has seen the number of GBV cases coming to them increase rather than reduce. “Since coming into operation we have seen the number of reported cases continue to rise with 56 cases recorded in 2007, 162 (2008), 972 (2009), 675 (2010), 771 (2011), 1,025 (2012) and 3,086 in 2013 as of end of August,” Lisiagali reveals. She notes that the rate at which people are using the number in narrating their problems is amazing. Once they receive calls, HAK liaises with the police and note that they have been quick in offering interven-

The switchboard at Health Assistance kenya (HAK) where calls related to GBV are received through the hotline number 1195. Picture: Duncan Mboyah tion whenever rescue cases are reported to them. “The number is also being used in educating the victims through teleconferencing counselling on how to preserve evidence once one is sexually assaulted,” Lisiagali explains. She adds: “They are advised against bathing and washing clothes once assaulted as this erases evidence hence making the work of medical personnel difficult in gathering evidence against the perpetrators.”

Recovery centres

HAK also helps in linking the victims with service providers like the Kenya Red Cross ambulance service, public hospitals and Gender Based Violence Recovery Centres in different parts of the country. “Above all we are involved in public education through phone conversation that goes on for 24 hours daily,” explains Lisiagali. She says that once the rescue operation and facilitation of the victim is done, the survivor is contacted by

“From the phone calls they receive, many people report cases of sodomy, rape and physical assault. Those who report have high expectations of getting assistance immediately. This is because for a long time the Police emergency line 999 has not been operational. However, this proved to be a challenge to HAK because they lacked partners and knowledge of handling such cases.” — Fanis Lisiagali, Project Director at Health Assistance Kenya

the control centre by a Short Message Service (SMS) text being is sent to her or his phone addressed to the hospital. The message simply directs the medical officer on duty to attend to the survivor and admit him or her to the right ward and also not to ask for any payment. “We are doing this to keep the confidentiality of the survivors since those who are raped are sensitive, traumatized and often unable to tell the story,” she observes. Lisiagali notes that the system has put perpetrators on notice since they know that the hotline exists and it is well utilised by women, including those living with disabilities like the deaf people who are equally at risk of gender based violence. She reveals that whereas women and young girls are at risk, elderly women, men and the deaf are equally not safe. She says that an 89-year-old woman was recently gang raped in Vihiga County while in Kilifi, a

67-year-old man was sodomised. Giving many examples, Lisiagali cites the case where a physically challenged school boy was sodomised by a friend after being drugged. “The boy is undergoing treatment and has already gone through three surgeries. He is also developed psychological affected,” she explains. There is also the case of a man who molested two babies and was arrested with the help of Ghetto radio that placed an advertisement running daily. The man had disappeared fearing arrest but the advertisement helped arrest him. The hotline has also helped inform the police of an accident that happened late in the night in Nyahururu. The police went and rescued the injured. Given the work that the programme is doing countrywide, there are plans to expand it to all parts of the country.

Challenge

However, despite the success, Lisiagali notes that they faces challenges from the some survivors as well especially those who are not willing to report cases. “There are others who are also not willing to continue with treatment,” she says. Survivors in rural areas lack access to health facilities because the distance from where they live to where the hospitals that attend to sexual and gender based violence cases are located are too far. “Most people still do not accept that gender based violence is a problem that needs to be attended to early,” says Lisiagali, noting that “some people believe that beating women increases love in a family”. HAK works in Nairobi, Vihiga and Kisumu counties but has plans to start work in the remaining 44 counties in the near future.


ISSUE 090, September 17-30, 2013

National Summit on Gender Based Violence and Peace

17

Unfiltered, uninhibited…just the gruesome truth

Many gaps exist in the fight against GBV By CAROLYNE OYUGI

A serialisation of a man beating his wife in public. Women who experience violence from their partners face challenges in family planning. Pictures: AWC

Intimate partner violence makes women more vulnerable

…..Even as all forms of violence against both males and females continues to be condemned, it is unfortunate that a significant number of people are not safe in the hands of their intimate partners. By JOYCE CHIMBI Living in fear with those near and dear is a reality among scores of women. A significant number of women are not safe from their intimate partners. Incidents of wife beating are largely permissible in the society. The man is often seen as someone who is exercising his right as a husband, to discipline a woman that he has no less than paid bride-wealth for. Women often suffer in silence, but even in instances where they break the silence, they are encouraged to persevere, after all, that is the cross that women have carried since time immemorial. While gender based violence (GBV) is not a solely women’s issue since men too are increasingly becoming victims, women are far more affected than men. Violence against women exist in various forms and shapes “but we must end GBV and restore dignity to the abused”, said Catherine Wanjohi, a participant during a recent National Summit on GBV and Peace. According to a Population and Reference (PRB) Bureau report “Gender-based violence (GBV) can pervade the entire life cycle of a woman — beginning with selective abortion of a female foetus to female genital cutting to domestic partner violence”.

Abuse

The report further states: “Gender Based Violence is usually perpetrated by men against women and girls, and it can take many forms. Sexual abuse, physical violence, emotional, psychological or verbal abuse as well as beatings during pregnancy are some of the forms experienced. Gender based violence jeopardizes a woman’s health and well-being and detracts from her reproductive health. Implications of GBV on reproductive health are far reaching. According to United Nations Population Fund (UNFPA) “reproductive health conditions are the leading cause of death and illness in women of childbearing age worldwide”. However, in some countries, the situation is much more dire. “Niger has the highest estimated lifetime risk of one in seven, in stark contrast to Ireland, which has the lowest lifetime risk at 1 in 48,000.” According to UNFPA: “Research conducted in the last decade has shown that

gender based violence is a pervasive public health problem that has implications for health policies and programmes around the world”. Without addressing gender based violence, scores of women and girls will continue to bear the burden of not being able to make decisions relating to their reproductive health, or being subjected to harmful cultural practices such as female genital mutilation. Intimate Partner Violence (IPV) is also noted to be on the increase, indicating there is need for legislation that specifically addresses domestic violence.

Emerge

During the National Summit, it emerged that unless a woman presents herself to the police with clear physical injuries, other forms of abuse that have no visible evidence go unreported. However, even reporting such cases does not guarantee justice. This prompted delegates at the Summit to demand for a police unit that will specifically address gender based violence. “Do not ask for a gender

“Women who experience intimate partner violence have difficulty using family planning effectively. They are more likely to use contraceptive methods in secret, be stopped by their abusive partner from using family planning, and have a partner who refuses to use a condom.” — Population Reference Bureau

desk, ask for a complete unit that is staffed and has a budget to ensure that such cases are investigated and culprits made answerable,” a participant, and survivor of GBV explained. However, women who spoke of intimate partner violence at the Summit expressed the difficulties they face when trying to find a solution to their predicament. Some of these challenges had nothing to do with the investigating agencies, but the socio-economic status of the abused. “He undresses me in front of the children and kicks me out of the house. The Chief has said that a divorce is the best solution, but I don’t want a divorce. How will I raise these children alone?” posed a survivor of GBV. A report by the Population Reference Bureau 2010 states: “Women who experience intimate partner violence have difficulty using family planning effectively. They are more likely to use contraceptive methods in secret, be stopped by their abusive partner from using family planning, and have a partner who refuses to use a condom.” Further, the report state: “These women also experience a higher rate of unintended pregnancies, have more unsafe abortions, and are more likely to become pregnant as adolescents.” Even pregnant women are not spared from abuse, according to the PRB report. “Abuse during pregnancy poses immediate risks to the mother and unborn child, and also increases chronic problems such as depression, substance abuse, bleeding, lack of access to prenatal care, and poor maternal weight gain.” It notes: “Children of abused women have a higher risk of death before reaching age five and violence during pregnancy is associated with low birth weight of babies.” Further research has shown that forced and unprotected sex increase the risk of infection by Sexually Transmitted Infections (STIs) and HIV. Statistics have shown that STIs prevalence among women who have experienced gender based violence is twice as higher among women who have not. The statistics are damning enough to demand for a change in conversation, from talking about the prevailing situation to establishing practical and sustainable solution from a vice that has cost women their lives and left others with disability.

The National summit by Peace Initiative Kenya (PIK) recently held to discuss Gender Based Violence hosted over 250 delegates drawn from around the 18 counties where the project was being implemented. These are counties that were most affected during the 2007-2008 post-election violence. After sharing of the various emerging issues existing gaps were identified, challenges and way forward were also provided in the fight against gender based violence. One of the challenges identified was lack of collection, collation and analysis of data on GBV trends. The participants raised concern that many cases of GBV cases go unreported and available data does not represent the real situation. “There is also lack of a pool of data that can be used as reference,” it was noted. The Sexual Offences Act was said to be insufficient in deterring GBV because there has never been an evaluation of the successes realized so far ever since its enactment. Delegates agreed that frameworks should be put in place to safeguard women and girls against the electoral cycle of violence that is always being experienced in the country.

Incur

For every victim of GBV, the absence incurs costs on the employer in terms of lost productivity and insurance claims. It was, therefore, recommended that the private sector should be involved in the GBV management efforts. There were also concerns that Kenya does not have emerging jurisprudence on GBV litigation. “Besides the ‘hard ware’ like infrastructure we do not have the ‘software’ which includes successful prosecution, sentences served and rehabilitation of offenders,” said one panellist. The Summit also discussed the need to involve anthropologists, statisticians, journalists and celebrities to lend their professional contributions to the fight against GBV so as to speed up curbing the vice. With the recent introduction of county governments, participants unanimously agreed that that they should find a way to make the actors improve efficiencies in county governments rather than “devolving” bureaucracy and the defiant culture against GBV previously experienced in the central government era. The county government’s capacity to draft the necessary legislation was also questioned.

Fund

Funding was identified as one of the future challenges. Anti-GBV activities are mostly funded by international donors and non-governmental organisations which cannot be relied on for ever. The funding gap, therefore, needs to be addressed to ensure unique and consistent funding options besides funding from national/county government allocations. Participants also agreed that there were gaps in the legislation like the procedure of reporting GBV cases, withdrawals of cases by the victims and the long court process that is demoralizing. Some cases go unreported either due to ignorance or intimidation. There is, therefore, need for a unified approach for public information and communication activities that go beyond the “heat of the moment”. During the discussions there were also questions of whether all actors should work in response, legislation, litigation and advocacy or should agencies take areas of their specialization and avoid duplication. This is because there are challenges in the coherence of GBV work. Challenges exist in capacity especially in the area of upscaling services towards counties There were concerns that the Government did not pay enough attention to GBV issues. The participants also debated on whether declaring GBV a national disaster will motivate political will, commitment and funding.


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Unfiltered, uninhibited…just the gruesome truth

National Summit on Gender Based Violence and Peace

ISSUE 090, September 17-30, 2013

Actors want institutions reformed to speed up cases By DUNCAN MBOYAH Every day police stations are filled with people who report cases of GBV even at the time that the people blame police for not being hard enough on the culprits. At the national summit on Gender Based Violence and Peace, different regions came out clearly to give an indication of the forms of violence that they are experiencing. In the Coast region, residents daily come across cases of rape, defilement, sodomy and domestic violence, where women are bartered and children beaten. Being a tourism attractive region, sexual exploitation in terms of using young girls and boys are used for entertainment purposes like filming of pornography, collection of revenue in entertainment spots and entertainment for tourists. According to Naima Achieng, of Sauti ya Wanawake Pwani efforts to help reduce cases of gender based violence at the Coast are hampered by traditional courts that often prefer that perpetrators do not appear in a court of law. Achieng further blamed the police for giving perpetrators free bonds and corruption. She noted that lack of finances by the victims hampered efforts to seek legal assistance and prolonged time for prosecution of the cases. “Politicians too often interfere with the cases by ensuring that if the perpetrators are people closely associated with them then they fight to have them released or ensure that key witnesses disappear,” she noted. Achieng appealed to the government to consider declaring gender based violence a national disaster. “The County governments should also create a kitty to help victims secure the much needed services,” she added. Despite the challenges, the Coast group has intensified community awareness and participation in the

Naima Achieng of Sauti ya Wanawake Pwani keenly follows the proceedings at the National Summit. She blamed traditional courts for the rise in GBV cases at the Coast. Picture: Courtesy IRC region. In the North Rift region, Female Genital Mutilation (FGM) remains prevalent in Trans Nzoia, Nandi and Uasin Gishu. This is worrying anti-violence advocates given that HIV and Aids, defilement, rape, incest and sexual harassment are major problems being faced by women and young girls in the region. The region lacks rescue centres and also faces heavy cultural influence from the people given that illiteracy and ignorance is common.

Signs

According to Mr Omole Opinya, PIK Coordinator for Nyanza region, early marriages and teenage motherhood are the most common signs of gender based violence in the region. Opinya blames cost of securing a

police abstract form, lack of evidence to pursue cases in court, hospitals inability to collect and store evidence as well as a disjointed approach by GBV actors for the inaction around cases related to violence. The Nyanza team is keen in engaging the County Government to legislate GBV issues as a way of helping create awareness to the public. “We are also going to make sure the County budget includes GBV so that victims can be assured of support,” he added. He called on the Government to establish mobile courts to serve people living in remote parts of the country. He noted the need to train paralegals to advance GBV prevention and management in the counties adding that “most victims suffer because they lack knowledge and people to present their cases to the authority”.

In the South Rift region, chiefs and politicians were picked out as the main perpetrators of GBV as they collude with perpetrators to marry off young school girls. The GBV actors from the region called on the Government to consider removing chiefs from handling GBV issues since they are responsible for cover up in most cases. They called on the government to instead help set up rescue centers and more public protection units within the region.

Insecurity

Gender based violence actors noted that Nairobi is proving to be an insecure place. The formation of militia groups, some based on ethnic basis is fast making the city very insecure. Kayole, Kawangware, Kariobangi and Kasarani were noted as areas that

had been previously secure but have now changed to be the worst. The GBV actors in Nairobi are now calling the establishment of a national laboratory for GBV forensic evidence to help speed up cases. They also called for more gender desks at police stations and enhancement of alternative dispute resolution mechanism adding that the existing desks are poorly managed. The regional coordinators called for strategies to help show consciousness of social, cultural, political and economic differences to provide a comprehensive solution to victims and perpetrators of gender based violence. They noted that it is not enough to focus on putting in place legislation but noted that it is time to reform institutional structures that transform the GBV ideology, response and interventions.

Children now targets of violence in Nakuru By ODHIAMBO ORLALE Nakuru town was once renowned as the cleanest town in the country. However, this is no longer the case as hawkers have invaded the central business district and turned it into an open market. However, the town is also making news for the wrong reasons. According to Faridah Ali Abubakah, the rising cases of gender based violence, especially among children, in Nakuru County, are making her have sleepless nights. Abubakar is a trainer-of-trainers within the PeaceNet peace platforms. She recalls how she recently rescued two children who had been neglected and were being abused by their father in the town following the death of their mother. She got a tip-off from a neighbour who told her of how the children were constantly being beaten and suffering. They were out of to school and did not even have food to eat. Abubakar, who doubles as the GBV cluster representative in the lakeside town visited the siblings, got them to speak to her about their predicament before taking the matter to the chief. “When I spoke to the children, they confided in me and said they were being abused and begged me to rescue them,” Abubakar recalls. There is child neglect in Nyumba Nyeusi area of the town on the shores of Lake Nakuru.

Says Abubakar: “I am also community health volunteer and I visit homes where GBV cases are reported. The children revealed to me how they were suffering and asked if I could rescue them. I then went to chief and together with the Divisional Criminal Investigations Officer (DCIO) went with policemen to rescue the children.” She adds: “They were taken to the remand home so that their dad could be traced and questioned about his brutally towards them.”

Inform

Abubakar later received information that the suspect was around, he was arrested, taken court and imprisoned him for four months. “The children were later taken to children’s home where they are staying,” says Abubakar. According to Reverend Paula arap Malel, cases of rape, sodomy and defilement and FGM in Kaptembwa Estate in Nakuru are worrying. To address the problem, they have been engaging the public and authorities using chief ’s barazas, churches and mosques to promote public awareness on the adverse effects of female genital mutilation and gender based violence. “We have engaged the local media effectively especially Amani FM Station. We used a skit and video showing how FGM is done. We also hold community health talks during such forums,” explains Malel.

Last month, a case involving a teacher was reported to the priest who helped her go to the gender desk at a police station and have it reported. The suspect was later arrested and charged in a court of law. Malel says that the Government has only set up 16 gender desks in the country that are operational, noting that they are inadequate to cope with the demand for the service needed. According to Helen Cherotich, another form of GBV that has been identified in Bondeni is child trafficking. Says Cherotich: “We empower the public by referring cases to paralegals. I am a social worker who knows organisations that deal with GBV cases. So far, we have dealt with several child trafficking cases which involve family members. It is a big problem in this County especially along the Nakuru-Nairobi highway.” She recalls how they tipped the media and the police who raided a suspect’s home recently and rescued some children. Says Cherotich: “The public does not know about Witness Protection Act and Witness Protection Agency to help them in such cases. Most cases of defilement are within the home and family.” She notes that in the same area, a case was reported of a two-year old girl who was sexually assaulted by a young boy. The boy was arrested and arraigned in court after GBV activists got involved.”

A girl who was defiled. Children in Nakuru are targets of violence. Picture: AWC


ISSUE 090, September 17-30, 2013

Unfiltered, uninhibited…just the gruesome truth

19

County Governments overstep legislative mandate By Faith Muiruri Mbita MP Millie Odhiambo has faulted County Governments for usurping their legislative mandate. She says that there are certain things that the county assembly should not be legislating over at all. “They cannot be legislating on issues that touch on human rights as they are anchored on the bill of rights which touch on national issues,” she explains during a national summit for Gender Based Violence and Peace. She cites the case of Kisumu County which has sparked controversy following a bid to introduce a law that bars women from sitting astride on motorbikes, insisting that they should face on the side. “The County assembly cannot come up with laws that limit the rights of women as it has no mandate to do that,” she says. She underscores the need to urgently come up with a concrete framework that clearly defines the mandate of respective legislative bodies created by the Constitution to avoid a scenario where their mandate overlaps on each other. “We must clearly define the roles of the Senate, National Assembly and County Assembly as a matter of urgency. We need to ask ourselves what is the role of the County assembly which must be in tandem with Schedule four of the Constitution? What can they do and cannot do?” she urges. Nominated Senator Martha Wangari shares similar sentiments and says that the legislative work remains a big challenge both at the County level and called on non state actors to assist in building the legislative capacity of the counties. She says that both nominated women in the senate and the county assemblies have been disenfranchised and thus are unable to effectively participate in the legislative process. “While at the senate, all women are nominated and thus cannot vote, most counties started running without nominated members most of whom are women as female candidates performed dismally during the last General Elections due to social, cultural, political and even terrain factors,” she adds. She says that the female nominees were left out in major processes that included the election of the Speaker, Constitution of committees and the election of committee leadership. “Today majority of these women are yet to be incorporated in the county assembly committees,” she says and cites Mombasa County where women

have been left out of committees in the County. She says that members of the senate got a rude shocked when they invited county representatives to a forum in Mombasa because only women turned up as their male counterparts were busy with the committee work. Senator Wangari says that most decisions are made in the committees and unless urgent measures are done to rectify the scenario, women representation in the assemblies will remain insignificant. She says that this is despite the fact Article 177 of the Constitution clearly stipulates that Counties are only properly constituted by having both the elected and nominated representation. She says that currently the Senate seeks to amend the County Government Act to address the discrepancy.

Absence

Senator Wangari says that the absence of women in the committees has had devastating impact on gender related concerns and singles out the failure by counties to allocate resources to the fight against Gender Based Violence. “The budgeting process was not gender responsive as it was concluded even before the women were sworn in the county assembly,” she says. Speaking at the Summit, Cyprian Nyamwamu, an expert in Gender, Governance and Security said that women representatives in Nyamira County have been denied their rights to participate in the counties. He proposed the incorporation of GBV in the ongoing County Intergrated Development Plans. “We need replicate the same into homes and schools; and other points of contact situations where SGBV actually occurs so that we reduce the number of women, girls and boys, as

Anxious women receiving information on how they can manage GBV from legislators who graced the summit. Picture: Henry Owino and IRC well as men who need services related to SGBV,” he said. He at the same time says that most county governments had not allocated funds to address security and GBV concerns noting that most counties seem to have abdicated security issues to the County Commissioners. He says the situation had been compounded by a weak criminal justice system. “The witness protection system also remains weak, the judicial arbitration which is trying to be revamped is far from being operationalised, victims of crimes office has not been effective, corrections dispute resolution have not been transformed and come to required standards,” he adds.

Extreme poverty and the youth bulge he says have created social economic complex at the county which is a breeding ground for GBV and insecurity. He further pointed out that ethnic conflict remains a source of insecurity in the counties and cited gangs who fan violence against perceived opponents thus increasing cases of SGBV. He said that security agencies remain in the hands of the National Government and not county government hence the risk of non responsiveness He called on the public to be proactive and demand for accountability. “At least with the 15 percent of national revenue and the increased avenues for grants and loans, we can

“The absence of women in the County assembly committees has had devastating impact on gender related concerns and singles out the failure by counties to allocate resources to the fight against Gender Based Violence. The budgeting process was not gender responsive as it was concluded even before the women were sworn in the county assembly.” — Senator Martha Wangari

now be able to focus resources where they are most needed. Counties can now be able to prioritise projects through public participation, County Integrated Plans, lean, effective, accountable and responsive service delivery and joint planning with the National Government as provided for in the County Government Act 2012,” he explains. Nyamwamu said that the County Governments and the National Government have a forum to ensure joint planning to avoid duplication and tap on the County Government Act which provides for public participation to determine areas of priority. Kwale County Deputy Governor Fatuma Achani said the county has made sure all county appointments meet the two thirds gender threshold. She said that currently they were training women in groups on how they can apply for the 30 percent tenders earmarked for women. Delegates at the summit called for the establishment of GBV units with resources and requisite staffing and operational autonomy as a lead county advisory office on matters of GBV. Under the devolved health function, the delegates proposed that GBV centres be equipped with staff, medical kits and supplies and emergency services such as ambulances.

Executive Director: Arthur Okwemba Editor: Jane Godia

Write to: info@mdcafrica.org

Programme Officer: Mercy Mumo Sub-Editors: Joyce Chimbi and Odhiambo Orlale Designer: Noel Lumbama

Contributors: Valentine Atieno, Duncan Mboyah, Faith Muiruri, Abisai Amugune, Carolyne Oyugi, Henry Owino, Nancy Wafula, Benson Mwanga and Diana Wanyonyi

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