How FIDA-Kenya is championing criminal justice for women and girls
Sponsored by Federation of Women Lawyers in Kenya
Chief Justice Martha Koome (left) and FIDA Kenya legal counsel Tracy Lichuma at the FIDA-Kenya tent during an Alternative Justice Conference.
July 17 marks the International Day of Criminal Justice. As the Federation of Women Lawyers in Kenya (FIDA-Kenya), we take a moment to reflect on our unwavering commitment to advancing justice and upholding the rule of law for women and girls in particular.
Our contributions to the criminal justice system extend across legal interventions, policy advocacy, and community outreach efforts to address issues affecting vulnerable women and girls and ensure they get justice as their rights and freedoms are guaranteed. Within the spaces that we work in, we have made significant strides in the criminal justice arena, particularly in supporting women and children survivors of sexual and gender-based violence (SGBV), disinheritance, and different forms of ills meted on vulnerable women from all walks of life.
Access to Justice
One of our core initiatives is providing legal aid to women seeking our help and those who become our clients through referral. On an average month, 750 women seek our free services, including legal aid, assistance in filing cases, self-representation training, and mediation services.
We offer these services for free to ensure that these women receive justice despite the prevailing societal barriers like stigma and financial barriers they may face. Taking up these legal services would not have been possible without the services and support of our partners, members, and pro bono lawyers, to whom we are eternally grateful.
Our legal interventions have not only held perpetrators accountable but also significantly strengthened the criminal justice system. We have empowered survivors to reclaim their lives and intervened in many high-profile cases, albeit quietly. For instance, we intervened in the Sigor gang rape case that went viral on social media. With the help of the officers at Chebunyo Police Station, FIDA-Kenya traced the survivor, who then recorded a statement and was placed under protective custody to ensure her security until the case is concluded. Our able team of lawyers continue to watch brief as the case continues in court.
These interventions have not only brought justice to the survivors but also set a precedent for the criminal justice system, encouraging more survivors to come forward and seek justice.
Some other notable cases that we have handled by representing victims and survivors include the Republic vs Zacharia Okoth Obado and two others [2018], in which we are representing the victim and their families to ensure they are well represented and their views are considered in court, aside from them just giving their testimony.
We also represented the family in the case of the late Baby Pendo, who was a victim of police use of excessive force and brutality that unfortunately ended her very young life.
Taking up cases that are perceived to be small or big has helped to strengthen the criminal justice system by ensuring that perpetrators of gender-based crimes are held accountable and survivors reclaim their lives.
Also, during the 2022 general elections, FIDA-Kenya played a pivotal role in monitoring and documenting electoral, sexual and gender-based violence (ESGBV) cases. We deployed monitors to different parts of the country, and they collected data on violence against women in the political arena, providing a basis for advocacy and policy recommendations to prevent future violence. This initiative highlights the intersection of political participation and women's rights, contributing to a more inclusive society.
FIDA-Kenya chairs the National Council of Administration of Justice (NCAJ) Working Committee on Review of Laws on SGBV. This position ensures that we can shed light on the different aspects of SGBV from the lenses of justice sector actors and the community, thus providing the best approaches to policy change. In addition, we have provided support to the Judiciary during the launch of the Gender Justice Courts, formerly referred to as the SGBV Courts. The Gender Justice Courts have enhanced efficiency in handling SGBV cases and providing justice.
Importantly, we sit in various Court Users Committees (CUCs) across Kenya where the Justice Sector actors in the Criminal Justice sector discuss different aspects of access to justice within the Gender Justice and other courts.
FIDA-Kenya has also been playing a key role in women’s prisons in Kenya. Currently, we work with seven women prisons in the country in areas such as building the capacity of remandees and inmates on self-representation. We have also recognised the importance of the mental health and have been providing psycho-social support for the inmates as well as providing them with dignity packs for their wellbeing.
Additionally, due to the vital role that FIDA-Kenya plays, we have been nominated to sit in various women prison discharge boards such Langata, Vihiga and Othaya women prisons.
All these SGBV-related positions and activities have been beneficial in helping to reduce SGBV cases and advance the rights of women. We have had victories, such as the recent landmark decision in the Republic v. Joshua Gichuki Mwangi, where the Supreme Court of Kenya reinforced the importance of mandatory minimums for sexual offences, thus ensuring justice is served and that the deterrence measures of the Sexual Offenses Act continue to work.
Self-representation and Virtual Justice Centres
Another area that where we focus on is self-representation. Once every week, FIDA-Kenya conducts self-representation training, during which we teach our clients how to argue their cases in court without the help of an advocate. Through this initiative, our clients can have control of their cases because they are best placed to explain their cases in court. We have conducted self-representation training for 20 women at Kodiaga Women's Prison, which has significantly enhanced their understanding of their rights, criminal trial procedure, how to appeal, and how to mitigate if found guilty.
A FIDA-Kenya session on self-representation training for women prisoners.
Outside the three, FIDA-Kenya regional offices, the organisation supports Virtual Justice Centres (VJC) in different women's prisons, including Kisii and Kisumu, which benefited approximately 700 inmates in the last six months. FIDA-Kenya empowers survivors to seek justice and reclaim their lives by providing them with the necessary legal support.
Policy and Advocacy
We have been at the forefront of advocating for policy changes that enhance the legal framework protecting women's rights. At various times, we have lobbied for the implementation of laws such as the Sexual Offences Act, Children's Act, and Protection against Domestic Violence Act. These legislative measures have been critical in providing legal recourse for survivors and deterring potential offenders. Our role in advocating for these changes keeps our stakeholders informed and aware of the legal protections available to women.
Our policy advocacy extends to ensuring proper implementation and enforcement of these laws, engaging with policymakers, law enforcement, and other stakeholders to create an environment where women's rights are upheld.
Community Outreach
FIDA-Kenya appreciates that we do not exist in a perfect society. Therefore, we conduct regular community outreach and sensitisation activities that seek to change the gender narrative, break the cycle of SGBV, promote equality, enhance legal awareness, build resilient communities, and encourage long-term change. Educating communities can create a foundation for a more just and equitable society where women’s rights are respected, protected, and fulfilled. Addressing vices like widow disinheritance and SGBV requires more than legal and policy interventions.
A FIDA-Kenya official sensitising University of Nairobi students on sexual and gender-based violence.
FIDA-Kenya is actively involved in community outreach programs to raise awareness about women's rights and the importance of reporting violence. Through various tools, we educate communities on legal protections available to women and steps to seek justice. Our efforts have led to increased GBV case reporting in different areas where we are active, fostering a culture of accountability.
Continuing the Fight for Justice
As an organisation, our impact is a testament to our unwavering commitment to women's rights. Through legal interventions, policy advocacy, community outreach, and strategic partnerships, we ensure women have access to justice and protection from violence.
On this International Day of Criminal Justice, we celebrate our achievements and reaffirm our commitment to creating a just and equitable society. We call upon individuals, organisations, and the government to support FIDA-Kenya's mission and create a safer, more equitable society where every woman has access to justice and protection from violence.
