Justice Murgor: Courts to expedite SGBV cases

The Judiciary has committed to serving justice to survivors of sexual and gender-based violence (SGBV).

Justice Agnes Murgor, the president of the International Association of Women Judges-Kenya Chapter, has said the Judiciary will expedite SGBV cases. Speaking during the launch of the 2023-26 strategic plan in a Nairobi hotel, she said plans are at an advanced stage to establish SGBV courts across the country to ease access to justice.

She added they are working with stakeholders, among them the police, the Office of the Director of Public Prosecution (ODPP) and medics, to ensure investigations are watertight and secure convictions.

“The judges and magistrates are committed to ensuring cases touching on sexual and gender-based violence are heard and determined in the shortest time possible. This has been evidenced by the establishment of the SGBV court in Shanzu, something that will be replicated to other parts of the county.”

Justice Murgor said quick access to justice will help survivors restore and rebuild their lives.

Chief Justice Martha Koome in March last year raised the hope of survivors after she issued a directive barring the Judiciary from adjourning SGBV cases.Ms Koome spoke as she launched Kenya’s first-ever specialised SGBV Court at the Shanzu Law Courts in Mombasa.

“When it comes to SGBV cases, courts are hereby directed to implement the 'no adjournment policy',” she said.

The CJ said 56 per cent of adjournments were occasioned by external parties, the reason being that witnesses or parties were not present. She added that she expected the courts to adhere to best practice to ensure expeditious trials through stakeholder engagement and collaboration through the court user committees. Many survivors have always complained about delay or lack of justice.

Also read: Need to enhance awareness of gender violence

A study released last year lifted the lid off how victims and survivors continue to suffer in their protracted bid to get justice. Titled Delayed & Denied: Legal and Administrative Bottlenecks to Effective and Efficient Delivery of Justice for Survivors of SGBV, it shows that more than 50 per cent of SGBV cases take more than four years to be concluded.

It also indicates that between 2017 and 2020, the number of concluded cases was below 50 per cent, with more than half of all closed cases being withdrawn by the end of 2021.

The study, conducted by the Coalition on Violence against Women (Covaw) and the Open Society Initiative East Africa (Osiea), interviewed 20 stakeholders, including court staff, advocates, survivors and caregivers. The respondents were drawn from eight court stations: Makadara, Kibera, Kiambu, Thika, Ruiru, Kitui, Narok and Nyahururu.

While non-disabled persons also experienced delays, persons with intellectual disabilities were more affected. Defilement formed the bulk of reported cases, averaging 75.7 per cent of cases filed under the Sexual Offences Act. Rape was named a distant second at 13 per cent, with incest standing at 3.8 per cent followed closely by sexual assault and indecent act with a child at 3.7 and 3.4 per cent respectively.

The study indicates the delays prolong psychological trauma to survivors of having to repeatedly appear in court to meet the accused. ‘’Having to go to court and seeing this person is not pleasant at all. And then the fact that it is taking too long, you have to keep reliving this process all over again... It is like a raw wound and you have to keep reopening it,’’ a mother of a defiled minor states in the report.

Delayed justice

The study has enumerated some of the factors contributing to delays. Perennial adjournments of sexual violence cases tops the list as the leading cause. The study also cites judicial calendars as another major cause as cases  are sometimes adjourned on account of absence of judicial officers on official duty. This has been attributed to lack of synchronisation of the court diary.

Transfer of magistrates, prosecutors, and investigating officers is also listed as a major cause of delay of SGBV cases in courts. Non-appearance of medical doctors and investigating officers. An advocate interviewed said most of the time getting a doctor attending is an uphill task that may lead to five or more adjournments.

The evidence of a medical doctor who examines a survivor/victim is a crucial piece of evidence in the trial and conviction of sexual offenders. Advocates and judicial officers also gave missing files, scant investigations, unavailability and compromise of witnesses as some of the other causes of delayed justice.

In a previous interview with Nation.Africa, Dr Clinton Onyango, a mental health specialist, said many victims of sexual violence refused to seek help because of guilt, wondering how society would view them. Dr Onyango added many victims were staying mum out of fear and to safeguard their lives following constant threats from perpetrators.

He added that young survivors were suffering in silence, with many slowly gravitating towards depression and suicidal thoughts due to their experiences.

“Many girls opt to keep quiet as they fear how their parents would react once they disclose what they have undergone. Some think their mothers or fathers will punish them if they say they have undergone defilement or rape,” said Dr Onyango.

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