A MONTHLY MAGAZINE BY AWC FOR PEACE INITIATIVE KENYA (PIK) PROJECT.
JULY ISSUE | VOLUME 1
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About Peace Initiative Kenya
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eace Initiative Kenya (PIK) was started in 2012 and ended in June after the General elections of 2013. The second phase of the project was started in October 2013 and will run until September 2015. It aims at supporting prevention of Gender Based Violence and improving the current GBV response frameworks at the national and local levels. The PIK project is funded by United States Agency International Development (USAID) and implemented by the International Rescue Committee (IRC), together with local partners; Coalition on Violence against Women (COVAW), Rural Women’s Peace Link (RWPL), Sauti Ya Wanawake – Pwani, Health Care Assistance Kenya (HAK) through GBV hotline 1195 and African Woman and Child Feature Service (AWC). The project covers nine counties: Taita Taveta, Kwale, Mombasa, Kisumu, Migori, Kisii, Uasin Gishu, Nandi and Trans Nzoia to improve GBV prevention, as well as increase access and utilization of GBV services through community outreach and other awareness raising efforts. At the national level, the PIK project works closely with the National Gender and Equality Commission (NGEC), Ministry of Devolution and Planning, specifically the Directorate of Gender, Anti-Female Genital Mutilation (FGM) Board and other stakeholders to support the Government in creating an enabling environment for coordination of GBV prevention and service provision.
Project Goal: • To improve national and county-level gender-based violence (GBV) service delivery systems and policy implementation. Project Objectives: • Strengthen county engagement in preventing and responding to GBV • Increase access and utilization of GBV services through community outreach and other awareness raising efforts Contact Information Peace Initiative Kenya Regent Court, along Argwings Kodhek Road Contact the Chief of Party Phone: +254 733 540 016 Email: jebiwot.sumbeiywo@rescue.org facebook.com/GBVServiceProviders Africa Woman and Child Feature Service Nairobi Baptist Church Court, Green Lane, off Ngong Road Nairobi Phone: +254 20 2720554, +254 722 209510 Email: info@awcfs.org Website: www.awcfs.org Twitter: @AWCFS Facebook: African Woman & Child
This production is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents do not necessarily reflect the views of USAID or the United States Government.
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CONTENTS Page 3 Ray of hope as Kenya seeks to enact domestic violence law
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Page 6 Government takes steps to curb GBV Page 7 Magnitude of Gender Based Violence remains a grey area
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Page 9 Gender based violence pose great danger to sustainable development Page 11 Managing Sexual violence in marriage is a challenge to many women
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Page 13 Women in the County Assembly in danger of perpetual violence
Editorial Team IRC Team Jebiwott Sumbeiywo Joyce Muchena Simon Panyako Valine Moraa AWC Team Managing Director: Arthur Okwemba Managing Editor: Jane Godia Programme Manager: Ruth Omukhango SUB EDITOR: Duncan Mboyah
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Page 15 So many laws, yet no end in sight to Violence against women Page 17 Justice eludes mentally ill woman raped by police man Page 19 Scars of rape
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CONTRIBUTORS Joyce Chimbi Henry Owino Charles Okwemba Ruth Ayugi Renson Shamalla Robert Kituyi FR Privatus Karugendo Michael Wasonga
DESIGN and printing: Vieve360
Page 21 Engaging a million fathers to end GBV
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Ray of hope as Kenya seeks to enact domestic violence law
Parliament buildings, Nairobi PHOTO:correspondent
Fence sitters must be brought to light so that they can be counted on for support By Joyce Chimbi and Jane Godia
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arliament is soon to start discussing a very important bill that seeks to protect the family. The Protection against Domestic Violence Bill 2013 is already in the floor of the august House.Concerted efforts have been made to ensure that the Bill sees the light of day.
Lobbying continues to ensure that the Bill, which addresses all forms of violence particularly those perpetrated by intimate partners, be they men or women are enacted into law. The Bill has extensively defined various forms of violence that have become difficult to prosecute due to their nature, for instance, “emotional, verbal or psychological abuse” has been explained as a pattern ‘of degrading or humiliating conduct towards the applicant, including but not limited to the following-(a) repeated insults, ridicule or namecalling; and (b) repeated threats to cause emotional pain. Harassment has been defined as ‘engaging in a pattern of conduct that
induces in an applicant the fear of imminent harm’. including(a) watching or loitering outside or near the building or place where the applicant resides, works, carries on business, studies or happens to be; (b) repeated contact or attempts to contact the applicant by telephone, electronic means, post or otherwise, whether or not a conversation ensues; and (c) sending, delivering or offensive or abusive objects to the applicant.’ These definitions will ensure that perpetrators of these underreported forms of violence face the full force of the law.
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Victims of Gender Based Violence continue to face significant challenges particularly in as far as the burden of proof is concerned and various stakeholders are out to ensure that the road to justice smoothens. A policy brief has been circulated amongst the Kenya Women Parliamentary Association (KEWOPA) members to provide their comments. This is expected to continue building momentum around the Bill in order to ensure that it passes in parliament. A strategic consensus building for enactment of the protection against domestic violence bill agreed that this bill was important for the benefit of the family. According to Catherine Muoki, Director of Gender Ministry of Devolution and Planning, the cost of violence within families is worrying and ways must be found to address it. “The Bill will ensure that men and women, boys and girls live in a society free from gender based violence,” says Muoki. Joyce Majiwa, an advocate and member of FIDA who has been able to walk with the bill since its inception says: “We must cut the cycle of violence. We must prevent injuries and deaths from violence and create a positive culture.” According to Majiwa, violence is very intrusive and it is only by passing this Bill that “we will be able to deal with domestic violence within our homes”. “This is a special law dealing with those in domestic relationships,” Majiwa notes. She adds: “People protected by the Bill are those in a domestic relationship and domestic violence is perpetrated by estranged spouses.” Majiwa says the Bill will provide a conciliatory family law as it will offer protection within the family. “The Bill recognises that domestic violence affects everyone within the family and not just the victim,” reiterates Majiwa.
We must cut the cycle of violence. We must prevent injuries and deaths from violence and create a positive culture.” Joyce Majiwa, an advocate and member of FIDA
Article 45 of the Constitution of Kenya 2010 notes: “The family is the natural and fundamental unit of society and necessary basis of social order, and shall enjoy the recognition and protection of the state.” According to Majiwa: “Violence in the family is a large predictor of violence in the larger society.” These sentiments are echoed by Cecily Mbarire, chair Kenya Women Parliamentary Association (KEWOPA) who notes that those advocating for the new law must ensure that the correct information is taken out. “This is a family bill and it is beyond women since it takes care of everybody in the family,” Mbarire reiterates. The new law if passed will have the government providing temporary shelters to those who have been violated by
giving them safe houses. Through this law, all Kenyans will be expected to be their ‘brothers’ keepers by making application on behalf of others. The Protection against Domestic Violence Bill has already had the first reading in the floor of the august House. According to Priscilla Nyokabi, County Member of Parliament Nyeri, the Legal Committee is already looking into the Bill and it will be on the floor of the House soon. Nyokabi notes: “We cannot have equality in a society that is violent.” However, Cyprian Nyamwamu, an advocate for social justice, says pushing for this Bill is a political process where perceptions will matter. Nyamwamu notes that advocates of the Bill must be strategic and ensure that propaganda does not go before facts. He reiterates that the fence sitters must be brought to light so that they can be counted on for support. “We need to be tactical by preempting propaganda. This can be done by getting a prominent MP to at first resist the Bill and later have him as one of its biggest supporters,” Nyamwamu advises. He adds: “We need to present the Bill as a family protection and conciliatory Bill.” According to Nyamwamu: “Communication on the Bill should target the family, common man and middle ground legislators with facts and figures.” He reiterates: “Lobbying should target male legislators and continuous tracking of positions must be done so that we do not lose those on our corners.” Nyamwamu notes that Kenyans must be made to understand why violence must end in this country. “We must explain to everybody that violence is slowing down progress and that the bill seeks to protect families.” He adds that the Bill is being presented with three challenges that will be political, cultural and religious.
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Cabinet Secretary for Devolution and Planning Anne Waiguru addressing a meeting. PHOTO: correspondent
Government takes steps to curb GBV
The government will soon open a GBV response and mitigation centre which has continued to threaten women and girls in their daily lives
By Henry Owino
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ue to the rising levels of Gender Based Violence (GBV) cases in the country, the Government is formulating policies that would legally deal with the issues. Speaking at a Women’s Conference held in Nairobi County recently, Anne Waiguru, Cabinet Secretary Ministry of Devolution and Planning said the policy will protect both men and women as part of the Women should Post-2015 development agenda. now stand up and Waiguru admitted that sexual take their rightful and gender based violence remain matters of concern in Kenya and place in society need immediate government stern by ensuring their interventions. roles and duties are She said the government will soon steered forward in open a response and mitigation centre the county to GBV which has continued to Anne Waiguru, threaten especially women and girls Cabinet Secretary Ministry of in their daily lives. Devolution and Planning
For instance, Waiguru pointed out Female Genital Mutilation (FGM) forced early marriages, inequality in all social life especially in education and employment sectors. “Women should now stand up and take their rightful place in society by ensuring their roles and duties are steered forward in the county,” Waiguru said. According to Dr. Margaret Makanyengo, head of GBV unit at Kenyatta National Hospital what the institution receives is not a true reflection of what is on the ground. This is explained by the unreported cases of perpetrators cushioned by survivors or victims who are intimidated.She identified a scenario in Homa Bay County where girls were defiled by a male teacher but no action was taken since the cases went unreported. “I remember in my matrimonial home in Homa Bay County when a class six girl slipped a note to me asking for sanitary pad to absorb bleeding due to forced male organ penetration in her,” explained Dr. Makanyengo. She added: “On probing further, I found it had
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happened to several other girls in the school by the same head teacher but they all kept quiet about it.” According to Dr. Makanyengo, culture should not bar communities from reporting GBV cases as by so doing, it encourages perpetrators to repeat the act. Dr. Makanyengo noted with regret that there are so many GBV cases against girls, women and even men in the communities that go unreported due to ignorance and fear of intimidation. “They end up cushioning perpetrators due to shame and discouragement from police officers handling the matter,” Dr. Makanyengo explained. She welcomed the idea of a GBV policy noting that this will help eradicate the vice in communities. She noted that many cases of GBV never get to full trial in courts of law for the perpetrators to be punished. It is highly anticipated that the GBV policy will act as safe haven to many in addition to other interventions already in place. Currently Healthcare Assistance Kenya (HAK) is among agencies advocating for an end to violence against women and children in the country. The organization supports survivors of any form of violence by making phone calls through a toll free helpline, 1195. One can also obtain information from website link http://www.gbvkenya.org or through Facebook link page https://www.facebook.com/ GBVServiceProviders. All these GBV Kenya websites are meant to assist in enabling one identify the nearest GBV service providers or recovery centres across Kenya.
Rose Akinyi is assisted by her father after alledgedly being battered by her husband. PHOTO: CORRESPONDENT
Magnitude of Gender Based Violence remains a grey area By Jane Godia
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he information and cases that reach those charged with resolving Gender Based Violence (GBV) is just a tip of the iceberg. According to Dr. Margaret MakAnyengo, head of the GBV Unit at Kenyatta National Hospital, there is a lot of violence taking place but cases that reach hospitals are only a minimum. “The GBV Unit at Kenyatta hospital only receives a minimum of the cases and these are just a tip of the iceberg. Many cases of GBV are not accounted for,” says Dr. MakAnyengo. A report on the status of GBV in Kenya, released in 2013 by Peace Initiative Kenya (PIK) notes that despite the high incidence, the magnitude of the problem is not easily apparent because most survivours suffer in silence. Survey According to the Kenya Demographic Health Survey (KDHS) 20082009, only 12 percent of women who have been physically or sexually abused report to someone in authority. The report notes that Kenya remains a largely ignorant nation on the magnitude and impact of GBV with many associating it with a few criminal elements unaware of the long term socio-economic and health impact. Among other sources, the KDHS and the Federation of Women | VOLUME 1 | JULY
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Lawyers (FIDA), women and girls remain disproportionately affected by GBV as up to one in two women report having experienced violence at one point in their lives. The prevalence of GBV in Kenya remains at an all-time high with manifestations of violence occurring in various contexts both in the public and private spheres. Statistics demonstrate that 43 per cent of women aged between 15 and 49 years old experience GBV in their lifetime. Despite GBV affecting men, women, girls and boys, statistics show that women and girls are disproportionately targeted and affected. Reports of GBV in the media demonstrate that intimate partner violence, harmful religious and traditional practices, sexual violence and forms of femicide continue to occur despite legislative, policy and institutional frameworks to prevent and respond to GBV. She notes that violence against women is prevalent in marriages but women do not leave. “They stick to the violent marriages and partners due to lack of knowledge, fear and economic disempowerment among other things,” argues MakAnyengo. “The situation is worse when perpetrators are uniformed people like the Police because then justice for the survivour or victim becomes a challenge.”, she adds. According to Cecily Mbarire, chair Kenya Women Parliamentary Association (KEWOPA), we cannot achieve much unless we put in place a transformative gender equality goal on ending violence against women and girls. The Ministry of Devolution and Planning which is in-charge of gender affairs and indeed the coordination of initiatives towards the prevention and response to GBV, has noted with
concern the increased and alarming reports on the incidences of GBV. In doing so, the Ministry recognizes that it has the responsibility and is duty bound to secure the lives of women and girls from this pervasive violation of human rights. Policy However, according to Anne Waiguru, Cabinet Secretary Planning and Devolution, the government is currently working on developing a policy that will address issues around GBV. Waiguru notes that Sexual and
They stick to the violent marriages and partners due to lack of knowledge, fear and economic disempowerment among other things,” Dr. Margaret MakAnyengo, head of the GBV Unit at Kenyatta National Hospital
Gender Based Violence continues to be a critical area of concern. “The policy is being developed for the prevention and response to GBV,” says Waiguru. “This will lead to efficient response to GBV.” She notes that as a Ministry, they have taken cognisance of the role that men and boys can play in efforts towards ending GBV.” MakAnyengo notes that the situation of GBV has been heightened by a breakdown on family values. “There is a lot of violence because there has been a breakdown of values that we previously had. Fathers having sex with their daughters were previously unheard off,” explains MakAnyengo. She adds: “The African culture used to have support systems but these have been broken down. People have become individualistic and the family connection is no longer there.” MakAnyengo laments the fact that there are no institutions that can help children who have been assaulted or abused. “Schools need to put in place systems or a place where children can go when they have been violated,” she says. According to MakAnyengo, lack of employment and idleness has left very many individuals dysfunctional. “Families are not what they were before and children are more exposed to violence,” she says. MakAnyengo warns that if nothing is done to curb the situation, things are likely to get worse. Addressing GBV requires a multidimensional approach engaging actors at the individual, relationship, community and society levels. Strategies must include change agents such as the media whose transformative power to not only raise awareness but mobilize the community to take action and amplify advocacy efforts cannot be overstated.
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Studies have indicated that girls are greatly affected by violence as it impedes on their progress in school. PHOTO: CORRESPONDENT
Gender based violence pose great danger to sustainable development Many women who have been through GBV have lost their jobs because they suffered emotional torture By Charles Okwemba
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s the Parliament prepares to discuss the Protection Against Domestic Violence Bill 2013, there are concerns that such violence is threatening advancement of women and girls and sustainable development. Gender advocates are calling on the government and society to appreciate the linkage between Gender Based Violence (GBV) and development as a first step towards putting in place interventions to address the vice. Speaking at a media training workshop, Jane Godia, a Managing Editor at African Woman and Child Features Service (AWC) said the violence is a major impediment to the progress
of women and girls in Kenya and beyond. “Violence has manifested itself in different forms leading to low economic performance in a country state or region,” said Godia. She noted that GBV has been on the increase in the last ten years despite efforts by the Government and nongovernmental organisations to address the problem. Concurring, Dr. Josephine Obonyo, a lecturer at the University of Nairobi said: “Many women who have been through GBV have lost their jobs because they suffered emotional torture.” Violated women have also been found to spend more of their resources
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on treatment and other interventions, money which would have been used in other gainful ventures. According to gender specialists, there are two types of costs of GBV. These include direct cost which are actual expenditures related to GBV including healthcare, judicial and social services. The indirect costs are those that represent the value of lost productivity from both paid work and unpaid work, as well as foregone value of lifetime earnings for women who have died as a result of GBV. These costs have direct implication on the performance of women and girls as productive members of the society. It also has a negative effect on their contribution to the economic development of the country. Obonyo argued that women’s food production is negatively affected because of the asymmetries in ownership of, access to and control of livelihood assets such as land, water, energy, credit, knowledge and labour. Ordinary Kenyans do think that unless GBV is addressed, not much will be achieved in realising Vision 2030 and
other development plans. According to Anne Okwemba, a teacher in Nairobi: “GBV is an obstacle to sustainable development because women are the main producers and tillers of land in the Third World countries and keeps off the activity while recuperating from the vice. If the woman is not in a good state of health, then agricultural production, which is the mainstay of our economy will suffer.” Linda Rotich, a student at one of the universities in Nairobi, says: “The woman will also not be productive if she is
The woman will also not be productive if she is undergoing psychological trauma.”
undergoing psychological trauma.” Indeed, gender experts have warned that unless issues of gender based violence are addressed, it will not be easy to achieve the eight Millennium Development Goals (MDGs). Some of the effects of GBV on the achievements of MDGs include immediate injuries and long term physical conditions, mental illness such as depression, sexual and reproductive health problems such as Sexually Transmitted Infections (STIs), substance abuse such as drinking alcohol. Godia alluded to these, saying that Kenya is unlikely to achieve certain aspects of MDGs if the magnitude of violence against women and girls remains at the current levels. She noted that Kenyans are still experiencing poverty since the country’s first President Jomo Kenyatta said that he was going to tackle the issue of poverty. “Food remains a major problem in Kenya which shows that the first MDG of tackling poverty and hunger has not been addressed,” said Godia.
GBV in Tanzania is a riddle with no solution yet By Fr. Privatus Karugendo
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tudies done in Tanzania’s Ministry for Health and Social Welfare has revealed that 45 per cent of women aged 15 - 49 have been victims of domestic violence. In addition, 75 per cent of children experience physical abuse at the hands of family or authority figures before they are 18 years old. Yet only 40 per cent of victims report the violence. Some efforts have been done in Tanzania to fight GBV for example;
President Jakaya Kikwete has publicly stated that Gender-Based Violence (GBV) should be included as one of the Millennium Development Goals (MDGs). Furthermore, Tanzania’s Poverty Reduction Strategy Papers (PRSP), the National Strategy for Growth and Poverty Reduction, lists violence against women as one of its indicators of poverty—a feature that is rare among PRSPs in other countries. Tanzanian law has shown some progress in preventing and punishing
GBV crimes. For example, the Sexual Offence Special Provisions Act of 1998 poses harsh penalties for perpetrators of sexual violence. However, gaps remain in the legal system. In particular, domestic violence is only minimally and vaguely addressed in The Law of Marriage Act— although without specified penalties— and through the penal codes on general violence and assault. However there is no law against domestic violence, specifically. House girls are facing GBV, which in most cases, is perpetrated by women and not men.
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Managing Sexual violence in marriage remains a challenge to many women Proving this kind of a crime in a court of law is very difficult. By Ruth Ayugi
“H
e is a rapist and there is no way I am going to accept him back in my life as my husband,” these are the words of Pamela Akinyi (not her real name), a 28 year old woman from Kasarani, in the outskirts of Nairobi city. Akinyi who works as a cashier abandoned her marital home five years ago after allegedly being raped by her husband. She had been living with the man who had married her according to African Customary Law after paying for her bride wealth as Luo tradition demands for three years when the incident occurred. The mother of a seven year old girl says the incident is still very fresh in her mind as if it happened some hours or even minutes ago. “That day he came home very drank at around 8.30 pm He had lost his printing job two months prior and it was a struggle sustaining the family,” Akinyi explains. “When he came home that day, he demanded for food which was not there.” Fighting back tears, Akinyi says: “I remember telling him that he should be ashamed of himself coming home so drunk then asking for food yet he didn’t leave any money behind when he left in the morning.” Akinyi’s husband’s reaction would
A newly wed couple.Handling domestic violence still remains a challenge PHOTO: CORRESPONDENT
shock her. “This made him beat me up thoroughly, and then he raped me before throwing my belongings out and asking me to leave his house.” It was late in the night and due to the high insecurity in the area she could not leave with her two year old daughter. She pleaded with her husband to allow them stay till morning when they could be safe. Despite the beatings and the rape, Akinyi could not scream because she feared what would become of her if the neighbours got to know what happened to her. The embarrassment and stigma that would follow was overwhelming. Finally the husband allowed her to sleep in the living room but again raped her in the middle of the night. He argued that he had taken cows to her place and she totally belonged to him, he could do as he please with her.
In the morning when he was now sober, he changed tune, begging her to forgive him and stay. “The beating was nothing but the humiliation. Raping me in front of my two year old girl was unforgivable. Imagine somebody you call your husband, someone you know as a friend has the guts to do that to you in front of your child,” Akinyi says. She adds: “Now I am not even sure of my daughter’s safety, once a rapist always a rapist.” Akinyi vows never to get married again citing her child wellbeing as her biggest priority. The Sexual Offences Act says it is a crime if “a person who intentionally commits rape or an indecent act with another within the view of a family member, a child or a person with mental disabilities is guilty of an offence and is
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liable upon conviction to imprisonment for a term which shall not be less than ten years”. Akinyi is not the only one to have suffered sexual violence in marriage. According to Kenya Demographic Health Survey (KDHS) 2008-2009 gender-based violence occurs across all socio-economic and cultural backgrounds. In many societies, including Kenya, women are socialised to accept, tolerate, and even rationalise domestic violence and to remain silent about such experiences. The survey notes: “Even women who want to speak about their experiences of domestic violence find it difficult for fear of being a shamed and isolated,” The research on violence suggests that the most common form of domestic violence for adults is spousal violence. The KDHS 2008-2009 defines sexual violence to include being forced to have sexual intercourse or perform any other sexual acts against one’s will. It notes 37 percent of women who have experienced sexual violence report current husbands or partners as the perpetrators, followed by current or former boyfriends (16 per cent) and former husbands or partners (13 per cent). It is worth noting that among ever-married women, sexual violence is perpetrated mainly by current and former husbands and partners. According to Alexander Tindale from the Coalition on Violence against Women (COVAW) marital rape is a crime which should never go unpunished. She says most women who go through sexual violence within marriage keep it to themselves because of the fear of being ridiculed. “Proving this kind of a crime in a court of law is kind of crime in the court of law is very difficult.” According to Tindale, marital rape is a form of rape committed by the person to whom the person is married to. Also known as spousal rape, this
The Protection against Domestic Violence Bill 2013 is going to help eliminate spousal rape. Pricilla Nyokabi Women represenataive, Nyeri County kind of violence can be equally or even more emotionally or physically damaging than rape by a stranger. “In Africa traditional views on marriage dictate that a woman must be sexually submissive to her husband and most perpetrators take advantage of this,” Tindale explains. Under African customary law, forced sex in marriage was not in general prohibited, although some specific circumstances, such as during advanced pregnancy, immediately after childbirth, during menstruation or during mourning for a deceased close relative were recognised as giving the wife the right to refuse. However, Priscilla Nyokabi, Women
Representative Nyeri County, says the Protection against Domestic Violence Bill 2013 is going to help eliminate spousal rape. The Bill defines domestic violence as that violence against or threat of violence to person one is or has been in a domestic relationship with. The Bill describes the forms of domestic violence to include child marriage, Female Genital Mutilation (FGM), forced wife inheritance, widow cleansing, virginity testing and sexual violence within marriage among others. This Bill if eventually signed into law will support others that are already in existence such as the Constitution of Kenya 2010; Penal Code; Sexual Offences Act 2006; Children’s Act 2001 and Prohibition of FGM Act 2011 among others. Sexual Offences Act, 2006 (1) says a person commits the offence termed rape if he or she intentionally and unlawfully commits and act which causes penetration with his or her genital organs without the other person’s consent to the act or if the consent is obtained by force or by means of threats or intimidation of any kind and a person guilty of an offence under this is liable upon conviction to imprisonment for a term not less than 10 years which may be enhanced to imprisonment for life. Under this Act there is also sexual assault which notes that any person who unlawfully penetrates the genital organs of another person with any part of the body of another person or manipulates any part of his or her body or the body of another person so as to cause penetration of the genital organ into or by any part of the other person’s body, is guilty of an offence termed sexual assault. A person guilty of an offence under this section is liable upon conviction to imprisonment for a term of not less than ten years but which may be enhanced to imprisonment for life.
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“I was particularly shocked with fellow women who felt it was okay for me to be slapped arguing that ‘this was politics’,” - Farida Salim. photo: Jane Godia
Women in the County Assembly in danger of perpetual violence Every person has the inherent dignity and right to have that dignity respected and protected. By Jane Godia
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n August 28, 2010, Kenya promulgated a new Constitution. Noted as the most progressive constitution of recent times, the Constitution of Kenya 2010 among other things stresses on the need for equality and freedom from discrimination. In Article 27 (3) it notes: “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.”
Through this Constitution, Affirmative Action policy was put in place to deal with Kenya’s patriarchal socialization process to ensure that more women were either nominated or elected into national and county assemblies. Article 97 (b) notes that “the National Assembly shall consist of 47 women each elected by registered voters of the counties, with each County constituting a single member constituency”. On the same note, in Article 98 (b) it sates: “Sixteen women members shall be
nominated by political parties according to their proportion of members in the Senate.” In Chapter 11, on Devolved Government, the Constitution states that the objects of the devolution of government are (a) to “promote democratic and accountable exercise of power as well as (e) to protect and promote the interests and rights of minorities and marginalized communities. In Article 175 (c) it states in the principle of County devolved governments that “not more than two thirds of the members of representative bodies in each County government shall be of the same gender”. In essence this means that where Kenyans have failed to elect a certain gender to make one third, the County government will have no otherwise but to nominate the missing genders in numbers that will bring it to one third. However, the nomination of more than 700 women into County Assemblies has not been well received by their male counterparts who are not only illiterate of the contents of the constitution but have failed to realise Article 28 of the Constitution that states: “Every person has the inherent dignity and right to have that dignity respected and protected.” It is lack of this understanding that has left women members of the County Assemblies an endangered species. They are facing a lot of hatred, humiliation, and discrimination as well as physical violence from their male counter parts. Farida Salim, a Member of the Kisumu County Assembly recounts how she was slapped by a male colleague within the precincts of the Assembly. Defenceless and thinking that only legal action would make her get justice, Salim was shocked to not only come across opposition, but that many people found it normal for a woman to be
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slapped by a man. “I faced a lot of challenges when I was beaten by a fellow member of the County Assembly,” says Salim. She adds: “I was particularly shocked with fellow women who felt it was okay for me to be slapped arguing that ‘this was politics’.” Salim notes: “Unfortunately, I thought women would stand by me over this issue but none of them came out strongly to help me push for the same. In the Assembly women colleagues were very quiet apart from one who is the Chair to push the Speaker to let the Justice Committee handle the case but was let down by the Speaker.” She reiterates: “In fact some even indicated that I am being too hard on the guy. I even got indications that if I do not listen and sort the matter out of when moving my motions.” She notes: “For motions to be successful, it calls for support from to seek mediation as the next option. volunteered to arbitrate.” Salim recorded a statement at the Police Station and three reports in the everybody including the Speaker who is a woman,” Salim notes. “I got stuck in court as majority of the witnesses were elected leaders who felt that if I took my assailant to court he would lose his job.” the Speaker and copied the same to Orange Democratic Movement (ODM) and People’s Democratic Party. I also wrote a letter to the Speaker, who one and a half months down the lane never acted on the issue,” says Salim. She parties received the letters but up to now I have not received their feedback, despite asking them for the same.
She notes that when she was beaten the response from the public was good.
I thought women would stand by me over this issue but unfortunately, none of them came out strongly to help me push for the same” Farida Salim MCA, Kisumu County Omingo Magara, leader of the People’s Democratic Party promised to see me over the matter but to date we have not met.” Salim is not the only one who has been slapped. One member of the Nandi County Assembly was also violated by a male counterpart. Other women from other County Assemblies say that they face a lot of discrimination from men who feel that they should not even raise their hands to make contributions to debates in the power to speak in the County Assemblies since they were just nominated. Others have had derogatory names labelled on function as leaders within and decision makers. Salim says that she has realised that members of the County Assembly do not realise that slapping a woman is an issue of Gender Based Violence (GBV) and an abuse of one’s human rights. She now wants to start sensitising people that GBV should not be tolerated. against GBV,” says Salim. “I have noted that other women are being assaulted but Salim has been going to various media outlets to speak against GBV.
by members of the public to come and apologise to me,” she says. “He was told by the people that he was not elected to go slapping women in the County Assembly.” Salim is happy that her action has driven a point home and violence can no longer go on unnoticed. “I am pushing for a GBV workplace policy to be implemented in all the 47 Counties,” she explains. She notes that this is important because then there will be less violations. members of the County Assemblies on issues and concerns around GBV as they do not understand the topic,” Salim awareness creation because if they do not understand how they are going to address GBV at their level, then they will not be able to deal with it within the wards they represent.” According to Salim: “When you start creating awareness, you must lobby through people who are already aware.” She says that the GBV Recovery Centre in Kisumu is not working. “Members of the County Assembly must make it work to enable collection of data”. She also points out that “gender desks in Police Stations are not working yet on the ground there is a lot of violence taking place”. “I wish to also inform you that as I was pursuing the issue, I realised that the gender desk at our police station is not fact that thrice I was there and nobody attended to me,” says Salim. Oginga Odinga Referral Hospital ( I had to go to casualty to seek medical attention.”
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So many laws, yet no end in sight to violence against women Sister Millicient Okwach of Siaya District Hospital attendes to Mrs Auma Mary whose hands were alledgedgly chopped off by her husband PHOTO:
Rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide BY JANE GODIA
A
s Kenyans try to look at Gender Based Violence (GBV) in the face and determine what ways are actually better at reducing the numbers, what is emerging is that domestic violence has been normalised. is trying to legislate Protection Against Domestic Violence as well as come up with a GBV Policy that are all expected to respond to and mitigate against the Kenyans are hoping that the Policy as well as the Act on Protection Against Gender Based Violence will this time be activated so that they will not only be papers lying on shelves but that those charged with prosecuting and managing crimes related to domestic, sexual and
gender based violence will be able to implement the laws. Violence Bill, is an act of parliament that seeks to provide for protection and relief for victims of domestic violence; to provide for the protection of a spouse and any children or other dependant persons. of 2006 which makes provision on sexual and the protection of all persons from unlawful sexual acts, and for connected purposes. According to a report by the Federation of Women Lawyers (FIDA) in Kenya, in spite of the many initiatives that presently exist to address domestic violence in general, Kenyan communities
reduce the cases of Gender Based Domestic Violence and intimate Partner Violence.
in most other societies and cultures in the world are mostly women. FIDA notes that its ugly face spans from manifest physical abuse and sexual violence, to subtle violations such as verbal abuse and deprivation of their entitlements within the family. Kenyan women reported experiencing violence in their lifetime; one in four had experienced violence in the previous 12 months; 83 per cent of women and girls reported one or more episodes of physical abuse in childhood; 46 per cent reported one or more episodes of sexual abuse in childhood. put in place are not only local laws but also international. So now any new law or policy in Kenya as well as the international ones that the country has appended its signature, should strengthen mitigation against domestic, sexual and gender based violence. | VOLUME 1 | JULY
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In 1995 the Beijing Declaration and Platform for Action identified violence against women as one of the critical areas of concern. The Platform adopted the definition of violence against women contained in the Declaration on Violence Against Women that was passed by the United Nations General Assembly in 1993. The Beijing Platform for Action also highlights forms of violence against women not explicitly mentioned in that instrument, such as violations of the rights of women in situations of armed conflict, particularly murder, systematic rape, sexual slavery and forced pregnancy, forced sterilization and forced abortion, coercive or forced use of contraceptives, female infanticide and pre-natal sexselection. In 1993, the United Nations General Assembly passed the Declaration on the Elimination of Violence against Women. The Declaration defines violence against women as “any act of GBV that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”. The Declaration outlines steps States and the United Nations, its agencies and programmes, should take to address GBV against women, and makes clear that states should not invoke any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination, and should exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the state or by private persons. Further the United Nations through Security Resolutions 1325, 1820, 1888 has noted with concern that women and children remain the greatest victims of sexual violence especially during conflict. It has called on member states to
put in place laws to address sexual and gender based violence as well as addressing the causes. Resolution 1820 condemns the use of sexual violence as a tool of war, and declares, “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide”. In Resolution 1888, the Security
Resolution 1820 condemns the use of sexual violence as a tool of war, and declares, “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide. Council mandates peacekeeping missions to protect women and children from rampant sexual violence during armed conflict. As the world heads towards 2015, the development agenda beyond this period has to take into consideration all aspects of violence against women. Women and gender equality advocates have called for eliminating all forms of violence against women and girls in all their diversity including public and private spaces, through multi-sectoral and coordinated approaches to prevent and respond to violence against women and girls exercise by exercising due diligence, to investigate, prosecute and punish the perpetrators of violence against women and girls, and to end impunity. It is important that all women and girls to live free from violence. Countries are urged to address the root causes
of violence against women and girls through enhanced prevention measures, research and strengthened coordination and monitoring and evaluation. Noting that sexual and GBV cannot end without engaging men, the Post2015 Development Agenda should fully engage men and boys, including community leaders as strategic partners and allies in the elimination of all forms of discrimination and violence against women and girls both in the family and in society, design and implement national policies that aim to transform those social norms that condone violence against women and girls, and work to counteract attitudes by which women and girls are regarded as subordinate to men and boys, including by understanding and addressing the root causes of gender inequality such as unequal power relations, social norms, practices and stereotypes that perpetuate discrimination against women and girls, and engage them in efforts to promote and achieve gender equality and the empowerment of women and girls. Three strategic objectives were established by the Platform for the elimination of violence against women. These included • Integrated measures to prevent and eliminate violence against women; • The study of the causes and consequences of violence against women, as well as the effectiveness of preventive measures; • The elimination of trafficking in women, and the provision of assistance of victims of violence due to prostitution. It is, therefore, hoped that with the Constitution of Kenya recognising internationally ratified laws and treaties as being part of Kenyan laws, the policy and new law will be able to supplement what is already there and bring domestic, sexual and GBV to an end.
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By Renson Shamala
W
hile their duty and responsibility is to protect, the uniformed forces are unfortunately not missing from the group of perpetrators of Sexual and Gender Based Violence (SGBV). And when the armed forces perpetrate violence, prosecuting them become a challenge. Despite the many laws that have been put in place to handle cases of sexual offence, prosecuting people of the uniformed forces does not follow the true path of justice. The Sexual Offences Act 2006, which is an act of parliament, makes provisions about sexual offences, their definitions prevention and protection of all persons from harm, from unlawful sexual acts and connected purposes such as sexual
Justice eludes mentally ill woman raped by police man Suspension of officer likely to interfere with case
Police have been entrusted with support but since some of them are involved in rape cases, people have lost confidence in them. PHOTO: CORRESPONDENT
assault, rape and attempted rape among others. According to Dr. Margaret Makanyengo, Head of Mental and Gender Based Violence unit at Kenyatta National Hospital: “Dealing with gender based violence cases are difficult when perpetrators are uniformed forces as this puts a victim at risk.� However, following awareness creation on the importance of prosecuting sexually and gender based violence cases, those from the uniformed forces who include police and army are now not escaping. Most of them are facing discipline within their own offices. This is the case of an administration police officer who was busted by colleagues while defiling a mentally ill woman in a maize plantation in Nandi. While he has not faced the full force of the law, the officer has been suspended from the force and taken back to his home village. The rogue officer, who has been named as a notorious pervert, was beaten senseless by his colleagues who latter frog - marched him to Chepsonoi Police Post where he was booked after recording a statement. He was arraigned in a Kapsabet Court; an incident that led to his being dismissed from service as he awaits the verdict of the ongoing case. According to an officer from the AP Camp in Kapkangani, they had shielded the officer on several occasions and warned him against such behaviour but apparently he was not going to stop. The officer also recounted how some three women from the village came to the AP Post accompanied by the sick woman, hoping to get assistance from the police following a brutal treatment from a relative she was staying with. After the officer in charge listened to them carefully, he called the suspended officer after learning that they hailed from the same village in Kisii County, PAGE 18>> | VOLUME 1 | JULY
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and asked him to accommodate her, unknowingly subjecting the woman to more trouble. The junior officer who was staying with his family at the AP camp willingly accepted to house the woman but within no time he soon developed an appetite for her after realizing that she was on disadvantaged side as she could not rightly articulate any incident of whatever nature. Sexual Offences Act 2006 describes a “person with mental disabilities” to mean a person affected by any mental disability irrespective of its cause, whether temporary or permanent, and for purposes of this Act includes a person affected by such mental disability to the extent that he or she, at the time of the alleged commission of the offence in question, was (a) unable to appreciate the nature and reasonably foreseeable consequences of any act described under this Act; (b) able to appreciate the nature and
reasonably foreseeable consequences of such an act but unable to act in accordance with that appreciation; (c) unable to resist the commission of any such act; or (d) unable to communicate his or her unwillingness to participate in any such act; Colleagues who witnessed the incident narrated to the press how the officer dragged the sick woman out of the house while his family was away into an adjacent maize plantation and repeatedly raped her. Although Patrick Maundu the subcounty administration police commander denied the rape allegations in the camp for purposes of protecting the image of the force, Nandi Central Officer Commanding Police Division Shem Mganda confirmed the unfortunate incident and the arrest saying that the law was taking its course. The Sexual Offences Act 2006 notes “Any person who being a law
Where Gender Based Violence is driven by economic factors By Michael Wesonga
E
conomic deprivation is reportedly to blame for the high number of Gender Based Violence (GBV) cases in Uasin Gishu County. According to a report by Rural Women Peace Link under the International Rescue Committee’s Peace Initiative Kenya (PIK) project, the deprivation of financial support to women by their husbands is cited as the most prevalent form of GBV at 43.7 per cent followed by sexual violence at 27.3 per cent in the County. The report names psychological and emotional violence at 18.3 per cent
and physical violence at 14.5 per cent respectively. According to the report, women complained that they run businesses but their husbands take away all their earnings. They further complained that their husbands have continued denying them access to land yet they make a huge contribution. “Other forms of violence that were named by respondents included emotional abuse, Female Genital Mutilation (FGM), family neglect, child abuse and economic violence,” said Shaban Varajab PIK Programme Manager.
enforcement officer takes advantage of his or her position and has sexual intercourse or commits any other sexual offence under this Act – a) within the limits of the station to which he or she is appointed; or b) in the premises of any station house whether or not situated in the station to which he or she is appointed; or c) on a person in his or her custody or in the custody of a law enforcement officer subordinate to him or her, commits an offence of abuse of position of authority and is liable upon conviction to imprisonment for a term of not less than ten years. The AP is currently fighting the case from home where he was escorted by colleagues who fundraised for his trip back to the village. However, justice may be hard to come by for the mentally ill woman as the officer’s home is very far away from the court where the case is being heard.
He noted that the research focused on the type of GBV, their prevalence considering the uniqueness of each region, the service providers, availability, accessibility of and satisfaction by services. “We also looked at the role of different actors including CBOs, psycho-social support providers, the judiciary, the county assembly, national government administration officers among others,” he explained. More indicative statistics reveal that an average of 10 cases of Domestic Violence (fractures, cuts, lose of teeth, trauma and so on and an average of six defilement cases are reported at the Moi Teaching and Referral Hospital (MTRH) every week.
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Victims of post-election violence dsiplaced from their homes in Internally Displaced Peoples Camps. PHOTO: CORRESPONDENT
Scars of rape
Victims of post election violence want justice seen to be done By correspondent
V
ictims of post-election violence and historical injustices want the government to fast-track the implementation of a report by Truth Justice and Reconciliation Commission (TJRC), which was handed over to the President a year ago. Survivors of the Post Election Violence (PEV) claim that nothing has happened since the report was released. The victims who were raped and some of whose relatives were killed in the violence have expressed concern that the government is behaving as if nothing happened to this country in December 2007-2008. They want President Uhuru Kenyatta and Parliament to start implementation process of the report
that recommended far-reaching action including compensation for survivours and prosecution of perpetrators of the PEV atrocities. The Truth Justice and Reconciliation Commission was established by an act of parliament in 2008 to investigate and make recommendation on gross human rights atrocities meted out against Kenyans between December 1963 and February 2008. The Commission was created as part of the National Accord and Reconciliation Agreement brokered by the Africa’s eminent persons led by former UN Secretary General Kofi Annan. The national dialogue was established to end a political standoff that sparked tribal and ethnic violence following a disputed presidential result in December 2007 General Election. As part of the Agenda 4 item of the peace agreement signed between the disputing political rivals, the truth commission aimed at unearthing longstanding grievances that plunged the country into unprecedented bloodshed.
The Agenda Four items also included examining and addressing constitutional, legal and institutional reforms, poverty and inequality, youth unemployment, land reforms among others. The TJRC mandates included establishing an accurate, complete and historical record of violations and gross human rights including massacres, sexual violations, extra-judicial killings, political assassinations and other economic rights violation. After it was handed over to the President in May 21 last year and its subsequent gazettement in June 7, the report was expected to be tabled in Parliament within 21 days after this notice, but a year later nothing has happened. “The government appears to have had its way by passing the law that gives the Parliament power to debate the report and possibly alter its contents. The silence on it only confirms that it [report] may never be implemented at all,” says Marion, a victim of rape during the PEV. “The government PAGE 20>>
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thinks by resettling some of us it had done away with our sufferings,” notes Chepchumba. “We call up on the government to implement TJRC report if it wants this country to move forward and leave its sad past behind.” Life for many of the women like Chepchumba and Marion who were attacked and raped during the violence remain a pale shadow of a sad past with no justice in sight. The TJRC report had a chapter highlighting different ways in which women in Kenya had experienced historical injustices and gross violation of their human rights during the period covered within its mandate. According to Christopher Gitari of International Centre for Transitional Justice (ICTJ), the Commission showed little in data and specifics on various categories of violations that women suffered. “It fails to give recommendations stemming from the hearings that are targeted at improving human rights guarantees for women,” he says. Gitari notes that the chapter brought to the fore specific burdens borne by women during various stages after human rights violations were committed. “The Commission found that Kenyan women had suffered atrocities, in some cases for no other reason than them being female,” he says. “In some accounts given to the Commission women were targeted for violation as a way of harming their community.” Women who were raped have moved to court to compel the government reinvestigate and prosecute those that committed sexual crimes against them. Last month the High Court heard evidence from a first witness who testified in a civil case brought against various Kenyan state institutions in relation to the violence that hit the country seven years ago. Eight individuals — six women who were victims of rape and sexual violence
The government appears to have had its way by passing the law that gives the Parliament power to debate the report and possibly alter its contents. Marion PEV rape victim during months of unrest in 2007-2008 and two men presented evidence before High Court accusing the government of failing to protect citizens and to prosecute perpetrators of sexual attacks during the bloodshed. The victims are accusing AttorneyGeneral Prof. Githu Muigai, the Director of Public Prosecutions (DPP) Mr. Keriako Tobiko and the police force of failing to protect them during the violence. Patricia Nyaundi, Chief Executive Officer and Secretary Kenyan National Commission on Human Rights (KNCHR), told the court on behalf of the victims that the government had failed to properly respond to crimes, particularly acts of sexual and GBV, committed in the months following the disputed 2007 presidential election. The victims are seeking to force the government to reinvestigate sexual and GBV that occurred during the conflict. Victims have launched the case in conjunction with four local human rights groups — Coalition on Violence Against Women, Independent Medico-Legal
Unit, Kenyan section of the International Commission of Jurists (ICJ-Kenya) and Physicians for Human Rights. The plaintiffs argue that the government must pay them compensation for the suffering. They also want medical and psycho-social support for victims. The case was initially filed in February 2013, but the various state institutions accused took more than a year to file their responses. In her testimony before the High Court, Nyaundi recalled receiving distress calls from women in Kibera telling her they had been raped by members of the paramilitary and ordinary police forces. Nyaundi referred to findings by official bodies including the Commission of Inquiry into the Post-Election violence (CIPEV) and the TJRC. According to CIPEV, 900 cases of sexual and GBV were reported during the PEV but these were only the “tip of the iceberg”. Nyaundi told the court that 82 per cent of those who were raped did not report to the police. She explained that the police themselves had carried out sexual attacks and then failed to investigate the crimes. “Victims were too scared to report attacks to officers who had committed rape,” she said. “Some of those who were supposed to provide security were the actual perpetrators,” Nyaundi said in court. “The security organs were deployed, but did not offer security and instead perpetrated the violence.” Nyaundi accused the Director of Public Prosecutions of not conducting adequate investigations. She also drew the court’s attention to the fact that cases that went unreported at the time of the violence but have since been highlighted by bodies such as the CIPEV and TJRC but have never been investigated.
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Justice Njoki Ndung’u gets a father to sign up for the a Millon Fathers’ Movement that seeks to end violence against women and girls. Photo: Courtesy of the Gender Violence Recovery Centre
Engaging a million fathers to end GBV “We will nurture a society free of GBV where men condemn violence” By Jane Godia
M
en and boys have been recognized as the foundation of families. If they are left out of initiatives that seek to better society, then earmarked interventions are likely to become counterproductive. It is for this reason that the Gender Violence Recovery Centre at the Nairobi Women’s Hospital, has gone the extra mile of working to create a society free of GBV. According to Dr. Sam Nthenya, the Hospital’s Group Chief Executive Officer, he took it upon himself to create the first medical facility that would handle cases of sexual and gender based violence free of charge because there was so much violence but nothing in place to assist survivors. “When I started my medical profession, I realised that survivors of Gender Based Violence (GBV) did not even trust doctors,” Nthenya says. He adds: “So when Nairobi Women’s
Hospital opened its doors in 2001, it was agreed that any victim of GBV would be treated for free.” Ever since that day, the hospital has handled over 27,000 cases of GBV. According to Nthenya, these are just the ones that have been able to get treatment and psychosocial support. Expansion The Nairobi Women’s Hospital has so far been able to expand with two branches in Nairobi and the others are in Kitengela, Ongata Rongai and Nakuru. They also have a Nursing College where staffs are trained on among other things referral and how to deal with cases of gender based violence. According to Nthenya, these trainings have been extended to Kenyatta and Moi Teaching and Referral hospitals. “We have helped change the curriculum for nurses to include a component of dealing with GBV,” explains Nthenya. He notes that the hospital worked closely with the then nominated legislator Njoki Ndung’u (now Supreme Court Judge)
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Nthenya notes that positive masculinity can create a society free of GBV, and hence the birth of the One Million Fathers. He reiterates that there is no single man who would wish their children to be violated. Mr. Phillip Otieno of Men for Gender Equality (MEGEN) shares similar sentiments and notes that “as a society we must challenge the status quo to achieve demands of manhood and the patriarchal structures”. Motivation Boda Boda operators in Nakuru are also signed into the movement. Photo: Courtesy of the Gender Violence Recovery Centre
during the development of the Sexual Offences Bill which has since been passed into law. “We have also trained Magistrates and Policemen to be better at handling cases of GBV,” he says. According to Nthenya, for a long time men have been on the periphery when it comes to GBV. “This is because GBV was treated as a women’s issue,” he notes. He adds: “Today things are different and GBV is recognised as a societal issue because men are also affected as survivours and victims.” According to Nthenya, we can no longer leave out men in the fight against GBV because the women who are being violated are their mothers, wives, sisters, aunties and daughters. “This is the reason why men are affected as well,” he reiterates. Today the Gender Violence Recovery Centre has set out to work with one million fathers in the fight against sexual and GBV. Through the One Million Father’s Project, they are raising consciousness among men to help in ending violence against women and girls, men and boys. Nthenya notes that men control
The One Million Fathers Movement is the most convenient connection of getting men to be involved in ending gender based violence.” Dr. Sam Nthenya, the Hospital’s Group Chief Executive Officer resources across all sectors in this country and hence the importance of involving them. He adds: “Most men when growing up are never taught about positive masculinity.” Nthenya explains: “Through the One Million Fathers we are involving men because majority of the perpetrators are men.” He poses: “How do you deal with GBV without involving men?”
Otieno says: “There is need to understand male motivation for violence and address men’s gender issues to prevent violence before it happens by making men the central part of the solution.” He adds: “Only boys who are positively motivated can transform the country and society at large.” “The One Million Fathers Movement is the most convenient connection of getting men to be involved in ending gender based violence,” says Nthenya. He notes that if these million men speak about ending GBV everyday “then we will nurture a society free of GBV where men condemn violence”. Nthenya notes that this move follows the realization that the cost of GBV is high. “About KSh35 million is being spent on GBV treatment, absenteeism from work and lost man hours among other factors,” Nthenya explains. He adds: “Through the One Million Fathers’ Movement we can create a society free of GBV.” Otieno notes: “We don’t want a society where 50 per cent of the population is depicted as violent. There is an urgent need to create images through role models and awareness to end violence in our society.”
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Sexual Offences Act remains an illusion
A girl who was sexually molested by her step father. A new form of GBV is emerging where children are no longer safe from their step parents. PHOTO: CORRESPODENT
BY MARY MWENDWA espite concerted efforts from Government, D non-governmental organisations and other stakeholders, incidents of child sexual abuse remain high. Child rights activists have warned that Nairobi, Kwale and Homa Bay counties top in child abuse. High consumption of alcohol, weak law enforcement, ignorance, illiteracy and negative cultural practices are cited as contributing factors to increased child sexual abuse. According to a study commissioned by the Task Force on Implementation of the Sexual Offences Act (TFSOA) 2011, more than half of the respondents were not aware of the existence of the Sexual Offences Act.
danger because even after being sexually abused, parents or guardians do not know which steps to follow in order to access justice. Chiefs from Homa Bay County reported poverty, orphanhood, peer influence, lack of basic necessities and poor parenting as main causes of sexual violence against children. Similarly, in Nairobi parental negligence and external influences such as media exposed children to sexual violence. In Kwale County, defilement and child marriages are leading forms of sexual abuse.
At times children are not empowered about sexual violence issues. In schools we have a vulnerable population of children who can easily be defiled
Hardley Muchela, a Gender Based Violence prevention activist,
Largely, more than 80 per cent of the victims of sexual violence are girls while boys recorded 13 per cent. In Homa Bay, there were other responses that manifest a negative approach to sexual violence against children. Some of them were the kangaroo courts where the community calls the suspect and victim’s family to settle the matter. In Nairobi, it was reported that the community is not united or accessible, therefore, everyone does their own
thing making implementation of Sexual Offences Act difficult. In Kwale, some community members were reported to be indifferent and careless about sexual violence. It was established that some parents or caretakers of the survivors may want to solve the matter out of court without involving any institution for fear of retaliatory attacks from perpetrators. Parents were ranked as first perpetrators of sexual abuse of children. Article 45 of the Constitution of natural and fundamental unit of society and necessary basis of social order, and shall enjoy the recognition and protection of the State.” According to Hardley Muchela, a Gender Based Violence prevention activist, the increase in child sexual offences in Kwale, Homa Bay and Nairobi could be attributed to an increase in reporting about the cases. Muchela notes the problem is also caused by absentee parents who do not allocate enough time for their children leaving them vulnerable to sexual offenders. ”At times children are not empowered about sexual violence issues. In schools we have a vulnerable population of children who can easily be defiled and it is critical for all actors in this sector to come up with guidelines like has been done by the Teachers Service Commission,” says Hardley. She notes that emphasis needs to be placed on comprehensive sexuality education, and this should be done according to the child’s evolving capacity. the development arm of the German Government, and it recognises the critical role media plays in highlighting issues of sexual violence among children. creation and poverty alleviation which make children vulnerable, easy access to services by the survivors and training of both care-givers as well as parents to address challenges of increasing cases of sexual violence.
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