Constable Silver Kirwa, who was also a driver at the Kiganjo National Police College Main campus was arrested following the report of the order by the office of the Director of Public Prosecution (ODPP) Nyeri who recommended his immediate arrest. Mr Kirwa was arrested for the offense of defiling a two and half old year baby belonging to his neighbour a fellow officer at the college. This comes a month after a General Service Unit(GSU) officer attached to the embassy protection unit was arrested for the offense of incest. Investigations revealed that Constable Omar Dae had defiled his own daughter aged 9 at their residence in Nairobi. The ODPP recommended that the suspect be charged with the offenses of incest.
Freedom from violence is a fundamental human right, and gender based violence undermines a person’s sense of self-worth and self-esteem
In Kisii, a Catholic Priest appeared before a Kisii court charged with defiling and indecently assaulting a 14 – year old girl a daughter to a member of his flock. The priest allegedly committed the offence on October 12 at Ikuruma sub location in Marani sub county. He was arraigned before Kisii Resident Magistrate Lucy Kaittany.
Freedom from violence is a fundamental human right, and gender based violence undermines a person’s sense of self-worth and self-esteem. It affects not only physical health but also mental health and may lead to self harm, isolation, depression and suicidal attempts. Gender Based Violence affects both men and women as well as adults and children. The impact of sexual abuse on survivors, especially children, often has far reaching physical, emotional, psychological and development effects. Insensitive and hostile treatment of survivors in the criminal justice system causes secondary traumatization, which results in survivors suffering further trauma and consequently withdrawing from the system that ought to protect them.
A press statement issued by the Ministry of Public Service and Gender revealed that between January and December, a total of 5009 cases were recorded through the National GBV toll free helpline 1195, which is an increase of 1, 411 (36%) reported from the previous year. The data indicated that Nairobi, Kakamega, Kisumu, Nakuru, and Kiambu counties reported the highest cases of GBV.
The most common forms of GBV unveiled in the study were: physical assault, rape/attempted rape, murder, sexual offences, defilement, grievous harm, physical abuse, child marriages, psychological torture, and child neglect.
The study also highlighted the factors contributing to GBV as alcohol, drug, and substance abuse, poverty, domestic disputes, retrogressive cultural beliefs and practices, poor parenting, identity crisis among the youthful population, and inadequate support system.
However, the fight against Gender Based Violence in Kenya received a major boost this year when the Chief Justice and the President of the Supreme Court of Kenya launched a specialized Gender-Based Violence ( GBV) court at Shanzu Law Court, Mombasa. Though as many women today are running to the courts to get justice, we must remember that “Law is a tool to fight gender based violence, but it is not enough. We must also push for society to think twice.” When the State fails to hold perpetrators accountable, impunity not only intensifies the subordination and powerlessness of targets of violence, but this also sends a message to society that violence by men against women is both acceptable and inevitable, thus rendering the patterns of violent behaviour normalized.
Gender Based Violence constitutes a breach of fundamental rights to life, liberty, dignity, equality between women and men, non-discrimination and physical and mental integrity. The Declaration on the Elimination of Violence against Women defines violence against women as:
“any act of gender-based violence 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 occuring in public or private life.”
Violence against women is a persistent and universal problem that occurs globally across all geographical regions and social strata. Gender based violence is not solely an issue that affects women and girls, men and boys can also be victims of and vulnerable to this kind of violence. However, such acts are predominantly committed against women and girls. Gender Based Violence starts with inequality but is not only limited to the inequalities between men and women. The targeting of women and girls is most often the reflection of patriarchal societies that put a lesser value on women and girl children, and in doing so create an environment where these offences flourish. Activists clarified during this year’s 16 days of Activism that targeting the elimination of sexual and gender based violence through the courts is not about confronting men, but rather the patriarchal systems that so often favour men.
Violence against women is a persistent and universal problem that occurs globally across all geographical regions and social strata. Gender based violence is not solely an issue that affects women and girls, men and boys can also be victims of and vulnerable to this kind of violence. However, such acts are predominantly committed against women and girls. Gender Based Violence starts with inequality but is not only limited to the inequalities between men and women. The targeting of women and girls is most often the reflection of patriarchal societies that put a lesser value on women and girl children, and in doing so create an environment where these offences flourish. Activists clarified during this year’s 16 days of Activism that targeting the elimination of sexual and gender based violence through the courts is not about confronting men, but rather the patriarchal systems that so often favour men.
The recurrence of gender based violence is now so common in many societies such that it has almost become accepted as an everyday part of life and ceases to shock people. Yet, despite its pervasiveness, gender based violence does not get the attention called for by the extent of the problem for many reasons, including because people are ashamed to talk about this. This failure to address the issue openly and honestly is in itself shameful. It is estimated that at least one in three women throughout the world has been subjected to some sort of physical or sexual violence at least once in her lifetime. Many women will be subject to such violence repeatedly and this kind of violence will most often be perpetrated by someone she knows, including her partner or a member of her own family. In Africa, it has been estimated that 30 per cent of the time, perpetrators of sexual and gender based violence are close family members; 60 per cent are family acquittances; and only ten per cent are strangers.
The prevalence of gender based violence will not be curbed unless mindsets are changed through targeting the cultures, structures, attitudes and inequalities in society.
Against the background of these reflections from different stakeholders advocating against Gender Based Violence, the following recommendations came up during the 2022 Unite 16 Days of Activism
Victims should be entitled to a lawyer, free of charge.
Victims should not automatically be required to give evidence, particularly when there is other evidence available.
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