Kangata seeks zero rated cost of justice for GBV victims

Murang'a Senator and Senate Majority Chief Irungu Kang'ata. 

Photo credit: File | Nation Media Group

What you need to know:

  • Senate Majority Whip Irungu Kang’ata says he will sponsor legal reforms to zero rate the cost of justice for victims of brutality, especially defilement, rape or attack by enforcement officers.
  • The senator said many gender violence victims fail to pursue justice owing to the rigours of assembling evidence and the cost of collecting evidence for prosecution.
  • He noted that victims should be allowed to call in medical teams to the scene or at home, at the government’s expense, adding that that response team should take the shortest time possible.

Senate Majority Whip Irungu Kang’ata says he will sponsor legal reforms to zero rate the cost of justice for victims of brutality, especially defilement, rape or attack by enforcement officers.

The Murang’a Senator said the reforms he plans to champion will demand that police help victims compile evidence that meet the threshold to sustain cases for higher rate of conviction.

Speaking at the ACK Cathedral in Murang’a town where he met Building Bridges Initiative (BBI) advocacy teams for the region on Saturday, Mr Kang’ata said many gender violence victims fail to pursue justice owing to the rigours of assembling evidence and the cost of collecting evidence for prosecution.

Responsive management structure

To that end, he said he would liaise with relevant lobby groups to originate an efficient, free and responsive management structure to address such cases. The senator promised this task will be ready for use in the country by next year’s round of 16 days of activism against gender-based violence.

He said cases of brutality that constitute the offence of assault should be handled in a humane manner, noting that they should be held in private in court to protect victims from the public shame associated with the defence questions.

“Prevailing is a situation where victims of brutality are transformed into judicial prosecutors to their cases, where they are tasked with collecting and preserving evidence, footing the cost of medical examinations, as well as paying the doctor who is to stand as a prosecutorial witness in the assault cases,” he said.

Medical teams

Mr Kang’ata said the redress for defilement and rape cases starts with “the victim being required to undergo a dehumanising trip to the hospital without first bathing or changing of clothes as well as being denied right to access first aid if the injuries include bleeding or pain.”

He noted that victims should be allowed to call in medical teams to the scene or at home, at the government’s expense, adding that that response team should take the shortest time possible.

“This will eradicate the situation where the victim if assaulted at night especially, is required to foot the bill of taxi to hospital, spend more money on examination and medication, and then foot the bill of between Sh1, 00 and Sh5,000 that doctors demand to fill the P3 form mandatory in court for assault cases,” he said.

SGBV cases

“We should have mobile Occurrence Book (OB) officers mandated to visit such victims in their homes or in safe houses to record the statements,” the senator said, noting that victims are currently required to report to police stations physically to make formal complaints.

Mr Kang’ata said access to justice in SGBV cases is expensive and torturous, making many victims opt out of pursuing redress.

“The issue is made all the sadder by the fact that most victims are from humble backgrounds where major worry more about putting a meal on the table; and it appears criminals with brutal mind-sets are aware of their vulnerability since nearly 95 per cent of assault cases emanate from this class of Kenyans,” he said.