During a round-table meeting today with the President of the Supreme Court of Kenya and Chief Justice, Justice Martha Koome, members of the Kenya Women Parliamentary Association (KEWOPA) today sought potential areas of collaboration to tackle the rising sexual gender-based violence (SGBV) cases in the country.
The Chairperson and Kajiado County MP, Leah Sankaire, shared key legislative frameworks that legislators have championed towards addressing SGBV cases, for instance, the Protection Against Domestic Violence Act (2015), the Sexual Offences Act (2006), the Children’s Act (2022), and the Penal Code and Prohibition of Female Genital Mutilation Act (2011).
She also highlighted the oversight and accountability role played by Members of Parliament to ensure that the SGBV cases receive the attention and action they demand.
However, Sankaire raised concerns over the increasing frequency of SGBV cases in the country, questioning whether the current legal framework was insufficient.
She added that the movement of SGBV desks to hospitals from the police stations would provide victims with more access to the judicial system and timely support.
In addition, the KEWOPA chairperson called on the judiciary to ensure that their registries capture the history of SGBV offenders and review SGBV jurisprudence for any bail to SGBV offenders.
On strengthening collaboration, Martha Koome highlighted the judiciary’s commitment to addressing the rising GBV cases. She noted that the judiciary had already set up SGBV courts in some parts of the country, with the latest one launched recently in Dagoretti.
However, she cautioned that the rapid rise in cases poses a challenge due to inadequate SGBV courts and magistrates.
To address the SGBV cases amicably, Senator Catherine Mumma (nominated) called for a multi-sectoral approach with a forum and data tools on how to report such cases.
Dagoretti North MP, Beatrice Elachi, underscored the importance of having SGBV courts in all counties, if not constituencies.
Adding to the challenges encountered by SGBV victims, Senator Gloria Orwoba warned that the delay in assigning investigative officers to SGBV cases could lead to tampering with cases.
Nairobi County MP Esther Passaris highlighted a worrying trend of SGBV offenders being granted bail, which she said could often lead to cases disappearing in courts.
Njoro MP, Charity Chepkwony, noted the delay in receiving reports from the government chemist, thus slowing down justice to victims.
To reduce time taken and financial pressure by SGBV victims and witnesses while seeking justice, the Transzoia County MP, Lilian Siyoi, called for a wholesome approach to ensure that SGBV courts are situated in all parts of the country.
Kasipul Kabondo MP, Eve Obara, emphasized the need for the judiciary to observe timelines and strict adherence to their service charter.
On her part, Thika MP, Alice Ng’ang’a pointed out the need to lobby for more funds for the Judiciary and Gender Ministry.
While noting the concerns of the Women MPs, the Judge of Appeal, who is also a Member of the International Association of Women Judges (IAWJ), Hon. Lady Justice Lydia Achode, commended women lawmakers for a multi-sectoral approach and movement of SGBV desks from police stations to hospitals, noting that there are few experts in the police stations as well as in the government chemists to deal with SGBV cases.
On issuance of bail to offenders, Principal Magistrate Renee Kitagwa told the legislators that the Judiciary is guided by the constitution when granting bail and that when advised by Police Officers, they do listen and deny bail.
In her closing remarks, CJ Koome appealed to women lawmakers to advocate for increased funding to the judiciary to facilitate the establishment of more SGBV courts and the hiring of additional magistrates.
