Fida-Kenya launches virtual court for GBV cases

Containment measures imposed by the government to curb the spread of Covid-19 in the country has hampered access to justice for victims of Sexual and Gender-Based Violence (SGBV).

Closing of courts has affected millions of Kenyans seeking justice with SGBV survivors being the hardest hit.

It is for this reason that Fida-Kenya launched a Virtual Justice Centre, which seeks to offer reprieve for women and girls seeking justice.

Fida-Kenya indicates that the new centre will allow legal counsels and victims to virtually address the court in the wake of the realities of the Covid-19 pandemic.

Covid-19

With an estimated 45 per cent of women and girls facing some form of gender-based violence annually according to Kenya Demographic Health Survey, the centre will enable them access justice.

ICJ-Kenya also recently raised concerns on the challenges facing survivors of sexual violence in seeking justice during the Covid-19 pandemic that sought to look for ways to mitigate challenges currently facing women and girls who have been sexually abused.

The agency issued a communique after holding a webinar titled “Interrogating the Prosecution of Sexual and Gender Based Violence in Kenya.”

Long-term effects

In the communique signed by ICJ-Kenya chairman Kelvin Mogeni, the agency noted that Kenyan legal frameworks provide mechanisms for addressing SGBV but the operation and implementation have been inevitably plagued by challenges that have further been exacerbated by Covid-19 pandemic.

Mr Mogeni said SGBV is rooted in failure by the State to uphold the rights to equality and non-discrimination of women and girls adding that it is also rooted in the societal beliefs on gender and gender roles.

“SGBV violates the right to dignity, bodily integrity and threatens the right to the highest attainable standards of healthcare of the victims. It also has long-term effects on victims including emotional distress, mental health challenges and poor reproductive health,” said Mr Mogeni.

Alternative system

To help sexual violence survivors readily access justice, the participants proposed that the Office of the Director of Public Prosecution (ODDP) devolves the SGBV division to the lowest administration level across the county.

They also appealed to the ODPP to take stringent measures to curtail the use of alternative justice systems to solve SGBV cases much to the detriment of victims.
To the Judiciary, the participants appealed it to take measures to fast track all SGBV cases currently pending in court.

They also challenged the Judiciary to ensure measures taken in response to the Covid-19 crisis do not negatively affect the expeditious disposal of SGBV cases as well as the protection of victims and their right to fully participate in the court proceedings.

Tight evidence

“The Judiciary should also consider establishing specialised courts to deal with sexual violence cases and ensure judicial officers in these courts are specifically trained to deal with these cases effectively. SGBV victims and survivors should also be enabled to seek judicial remedies and are accorded sufficient opportunity in court to fully participate in the proceeds.” 

Speaking during the webinar, the head of SGBV Division at the ODPP Ms Jacqueline Njagi said for sexual violence related cases to be successful and get convictions, there has to adequate and investigations.

Ms Njagi said the ODPP is working with the Police Service to ensure in-depth investigation is carried out in matters touching on SGBV in order to make sure there is tight evidence in the cases.

She said not having a special police unit trained to specifically handle sexual violence matters was a challenge that was impacting on the quality of investigations.