Sexual and gender-based violence victims hope for justice

The annual Judicial Week honours the court system’s role in upholding the law. But when we consider the condition of survivors of sexual and gender-based violence (SGBV), this celebration takes on a darker tone.

Despite tough legislation like the Sexual Offences Act, 2006, the Protection Against Domestic Violence Act, 2014 and Prohibition of Female Genital Mutilation Act, 2011, many SGBV incidents go unreported, leaving victims voiceless and offenders unpunished.

An estimated 14 per cent of Kenyan women and six per cent of males aged 15-49 have suffered sexual violence. But many survivors, especially those confronting powerful abusers, prefer not to report the incident owing to a deep distrust of the system. This is due to a complex web of obstacles within the system and broader cultural issues—like fear of social shame, victim-blaming and reprisal by perpetrators.

The “kangaroo court” scenario in families, where biased verdicts or a culture of silence prevails, inhibits victims from pursuing justice while many communities lack awareness of SGBV as a crime and the available legal remedies. This concealment of violence emboldens abusers to carry on with impunity.

Case backlogs, which hamper the court system, causing lengthy delays, and inefficient investigations also deter reporting. Lack of specific training for officers handling SGBV cases might result in insensitive investigations and a misunderstanding of survivor distress instead of compassion and professionalism with clear rules and promptness.

This Judicial Week, let us not only commemorate the law but also renew our commitment to its implementation. We need to reform the system to prioritise SGBV survivors. Effective witness protection programmes and support networks for legal aid, therapy and safe spaces will help survivors to navigate the reporting process and rebuild their lives.

Ms Sasi is a youth advocate at NAYA Kenya. [email protected].