Special SGBV courts to speed up justice

Survivors of sexual and gender-based violence (SGBV) would have an accelerated access to justice should the Judiciary establish a special court to prosecute such crimes.

During a July 1, webinar themed Improving Access to Justice for Women and Girls during Covid-19 and beyond, lawyers and women rights advocates attributed the survivors' long wait for justice to absence of a court committed to SGBV crimes.

Vice President of Kenya Women Judges Association Justice Hellen Wasilwa, said the court would hasten prosecution of offenders by tapping into State agencies’ partnerships with non-State actors.

She said the court would make use of courts users committees whose membership include civil societies, local administration and security agencies, in delivering justice.

“For instance, availability of witnesses is an issue in hearing SGBV cases but it will be easier to hear them if we have an actor in the villages who ensures the child is brought to court,” she said during the webinar organised by Centre for Rights Education and Awareness (CREAW Kenya).

E-FILING OF CASES

On July 1, Chief Justice David Maraga launched e-filing of cases to courts within Nairobi region, a reform which Justice Wasilwa said would fast-rack conclusion of sexual offences.

“Issues of files getting lost will be a thing of the past. It will be impossible to steal an e-file. And one is able to track progress of the file online,” she said.

Human rights lawyer Rachel Muthoga, said special court would speed collection of evidence to fast track trial of offenders.

“The special court would serve as a one-stop centre for prosecuting SGBV cases. It will be easier to trace data to speed up the process of prosecuting the cases,” she said.

Creaw Executive Director Wangechi Wachira, said the long wait for justice leaves trail of distress and hopelessness among survivors and their families.

“Why should election cases be concluded within 90 days while those on SGBV drag on for years?” she asked.

“Last week, the media highlighted a case of mother who had been in court for eight years, seeking justice for her daughter. Can you imagine the pain they have gone through? We must accelerate access to justice for women and girls.” 

POLICE CURRICULUM

Director for Community Policing and Gender at the National Police Service Judy Lamet, said curriculum for training recruits and retraining police is under review to include SGBV matters.

She said, with basic knowledge on how to handle SGBV matters, the police would accelerate survivors’ access to justice.

She added that all police officers deployed to gender desks across the country continue to be re-skilled on better management of SGBV cases through regular refresher training.

Ms Lamet warned against the police committing sexual offences.

“The police are not above law. They will be prosecuted and we have many who have been prosecuted,” she said.

 “One can report any police who is either the perpetrator or failed to take action on the case reported. The complaint can be filed through the internal affairs unit. One can also report through the website or the complaints hotline,” she explained.

Chief of Party for Reinvent Jaki Mbogo, identified older women as some of special actors pivotal to helping sexually abused girls reclaim their rights.

She, however, said they face a myriad of challenges like language barriers, intimidation and lack of finances, in pursuing justice on their behalf.

“There is no justice when girls and women face too many barriers to access it,” she said.

She called for structural reforms to remove barriers so that the older women can access justice for themselves and the girls under their care.

Ms Mbogo said programs offering livelihood support in form of skills transfer or financial support would build survivors’ economic resilience. This would then facilitate their access to justice as they will have the financial muscle to follow-up with the cases.

DEFILEMENT CASES

Meanwhile, women’s rights activists in Magarini Constituency, Kilifi County are outraged by the unreported defilement cases that rise by the day.

Speaking in Gongoni Ward, Magarini Sauti ya Wanawake chairlady Mercyline Kadii said some parents had failed to report such cases.

 “Some parents whose children have been defiled fail to report to authorities because they receive threats from the suspected sex predators,” she said.

This, she added, poses the greatest challenge in the fight against SGBV. She appealed to law enforcers to work with local organisations to take up the matter.

“We want all those involved in the process to defeat justice to face the law and the perpetrators to undergo the court process,” said Ms Kadii.

Kilifi County Police Commander James Mugera appealed to parents to work with authorities to ensure children’s rights are protected.