A holistic approach needed to win GBV war

The 2010 Constitution has had a positive impact on women and children, as it recognises the value of human dignity, equity, social justice, inclusion, equality and human rights. It also upholds non-discrimination and protection of the poor as well as gender equality.

Several laws against gender violence have recently been passed by the Kenyan government, which has also been supporting enterprises run by women, through such facilities as the Women Enterprise Fund and the Micro-Enterprise Loan.

Women are increasingly holding both appointive and elective seats. However, one in three women still fall victim to GBV, which is a violation of their human rights.

Sadly, only a few accessible safe places (shelters) exist countrywide for GBV survivors. These, too, are, however, underfunded.

As a result, victims must either put up with their abusers or avoid pursuing justice out of fear for their safety.

Justice

Interference with the pursuit of justice by victims of such as despicable practices as incest is another barrier to eliminating GBV.  In addition, women and children are still not allowed to speak out about GBV; as a result, many choose to remain silent.

Whenever a suspect is freed on bail, the life of a GBV survivor is put in danger. The freed suspects more often than not tamper with the witnesses or even the evidence. This leaves the survivor no choice but to settle the dispute outside of court, which is wrong as it hampers the quest for justice.

The law maintains that survivors should be aware of the avenues available for reporting GBV cases. 

The government needs to set up medical legal clinics to sensitise GBV survivors on their legal rights and how to seek justice with confidence.

The police must also be trained on the need to use sensitive language at the gender desks within police stations.  To avert cases of evidence being tampered with, police officers need training on how to manage evidence until it is adduced in court.

In terms of infrastructure, there aren’t enough courts to exclusively handle GBV matters.

Access to privacy

This continues to deprive survivors of access to privacy, which makes some to avoid court appearances out of discomfort or social embarrassment.

The likelihood of evidence being tampered with during court procedures is significant due to poor court facilities, which encourage survivors to mingle with the public.

Whenever a GBV case is being heard in court, judges need to use sensitive language.  Additionally, some survivors give up after waiting for so long for cases to be heard and determined and instead opt for out-of-court settlements in exchange for money.

Last but not least, the government and civil society should conduct research on social norms to better understand the tactics they should use to raise awareness and battle GBV.

Ms Asin is a communications officer at Gender Violence Recovery Centre.