Why gender based violence is on the rise in Kenya

The lack of proper laws to tackle Gender Based Violence (GBV) including femicide, inefficient gender desks and flawed justice system have been identified as key contributors to the crisis in the country.

According to stakeholders presenting their submissions to the Technical Working Group on GBV including Femicide, there are numerous gaps in the legal framework that hinder the fight against GBV.

In their submission, women MPs under their umbrella body Kenya Women Parliamentary Association (KEWOPA) singled out Sexual Offences Act as inefficient in fighting sexual and gender based violence.

The MPs recommended a review of the Sexual Offenses Act of 2006, the Prohibition of Female Gender Identification Act, and the Protection Against Domestic Violence Act to ease eradication of GBV.

KEWOPA chairperson Leah Sankaire told the taskforce chaired by Dr Nancy Baraza that the current Act does not explicitly address the emerging forms of online sexual violence such as grooming, stalking, catfishing among others.

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“As digital space is increasingly becoming sites of exploitation and harm, legislative amendments are necessary to ensure comprehensive protection,” said Sankaire.

The women MPs noted the current Act does not consider emerging trends in regards to sexual offences and technological advancements.

Some of the recommended amendments include prohibition of traditional disputes resolutions on GBV cases, establishment of police-run gender desks in public hospitals and establishment of safe houses for victims of sexual offences run by county governments.

Article 159 of the constitution 2010 permits traditional dispute resolution mechanisms where community elders or families give gifts to the victims in line with their cultural traditions but the MPs proposed that the provision should apply on GBV cases.

Additionally, the legislators proposed the introduction of a legal timeframe of six months to one year within which sexual and gender-based violence cases must be resolved to ensure survivors get timely justice.

 “Some of the victims follow their cases up and to some point they give up on them, because it takes like five or 10 years before justice is denied, and that one discourages even victims to report,” said Sankaire.

KEWOPA’s recommendations were echoed by the National Council on the Administration of Justice (NCAJ) GBV committee, which urged the taskforce to push for standalone legislation on femicide and GBV.

The committee noted that the absence of a legal definition of femicide, along with dedicated legal mechanisms, has been a major gap in addressing the crisis.

They also recommended that safe houses be placed under the Ministry of Gender in the county governments.

“Lack of comprehensive data on GBV is a huge gap. As at now no one has data on exact statistics of GBV and femicide in the country and that has been a major challenge,” Phoebe Makungu, a committee member told the taskforce.

It also emerged that the police are a weak link in the fight against GBV, with victims often re-traumatized when reporting cases at police stations.

The MPs suggested relocating gender desks from police stations to hospitals to provide victim-centered support and ensure sensitive, timely, and effective assistance.

 “The victims go to hospitals and you are more victimized because police are even asking how the victim was dressed when the violation happened,” said KEWOPA chairperson.

The gender desks which are specialized units within police stations established to address GBV were established in 2004 to receive and investigate cases on sexual and gender-based violence.

According to the MPs, law enforcement personnel at the police stations are predominantly male officers and that sometimes victims are sent away to settle cases out of court.

“We recommend a mandatory comprehensive training on GBV for law enforcement officers, regardless of gender upon recruitment and also continuous training on GBV issues including best practices for handling survivors,” said KEWOPA CEO Mercy Mwangi.

“A lot of times we see how survivors are treated at the police stations, and especially male survivors of GBV,” she added.

To improve investigations, the MPs proposed comprehensive training for law enforcement and forensic experts on evidence collection, analysis, and preservation, as well as investments in modern forensic labs.

 “Kenya must invest in modernizing forensic labs, ensuring that they are well equipped to the state-of-the-art technology to facilitate the accurate collection, analysis, and preservation of forensic evidence,” said Mwangi.

To fast-track GBV cases, the MPs proposed clear prosecutorial guidelines and the establishment of gender courts in all 47 counties.

 “We would also need regular data audits and reporting in terms of what is this data showing us, in terms of the new forms of GBV that are coming up, or in terms of the gaps that we have not yet addressed that we need to address,” said Mwangi.

Collectively, the presenters including Jedida Wakonyo, director witness protection agency at the office of the Attorney General proposed that femicide be declared a national disaster owing to the rising cases of women and girls being killed in the country.

“Every single day you wake up, you wake up to a femicide case and it's becoming a national disaster because women are dying in large numbers and it's not been addressed effectively,” said KEWOPA chairperson.

On his part, the CEO of the Kenya National Commission on Human Rights (KNCHR) Dr. Bernard Mogesa told the taskforce that the lack of a legal definition for femicide allows such cases to be misclassified as general homicide.

KNCHR recommended the decentralization and equipping of specialized GBV units within the Office of the Director of Public Prosecutions (ODPP) and the National Police Service (NPS), as well as the establishment of rapid response protocols by the NPS for domestic violence cases.