•Courts in the coastal region are among those with the lowest case clearance rate on SGBV matters.
•Kilifi county has 44 per cent SGBV cases’ clearance rate, Mombasa county coming in second with 60 per cent and Kwale county is leading 65 per cent
Chief Justice Martha Koome on Thursday opened the first ever Sexual Gender-Based Violence division at the Shanzu law courts in Mombasa.
The SGBV court is expected to expedite the hearing of the pending cases in the coastal region by about 60 percent.
According to the chief justice, the reason to open the special court was backed by data from the Judiciary, which showed there was a very slow rate of SGBV cases clearance.
Courts in the coastal region are among those with the lowest case clearance rate on SGBV matters.
Kilifi county has 44 per cent SGBV cases’ clearance rate, Mombasa county coming in second with 60 per cent with Kwale county leading at 65 per cent.
“Currently, SGBV matters have a clearance rate of 71 per cent. This indicates that these cases take a long time to be concluded thereby delaying or denying justice for the survivors and even accused persons,” Koome said.
“We must always remember that an accused person is presumed innocent until proven guilty. Delay in concluding cases denies justice holistically and procedurally.”
The CJ said that the delay also translates to increased court attendance fees for the survivors and witnesses.
It also means increased chances of depreciation or loss of evidence and in some instances interference with witnesses or the survivors.
All these, she said, reduces the chances of an outcome that safeguards the rights of the victims and interferes with fair trial standards, which is a core prerequisite of criminal proceedings set by the Constitution.
“As we launch the court here in Shanzu, we expect that it will showcase best practices identified towards ensuring expeditious trials,” she said.
Koome directed the courts to implement the “no adjournment policy” when it comes to SGBV cases.
According to the Judiciary data, 56 per cent of adjournments were occasioned by external parties, the reason being that witnesses or parties were not present with 44 per cent caused by the courts.
Some of the reasons for unwarranted adjournments included: court not sitting due to judicial officers being away on official duty or indisposed; judgment or ruling not ready.
She reiterated that the Judiciary was going to set up more SGBV courts in regions with high prevalence cases and recruit more staff to support their operations.
“We will extend this initiative of setting up dedicated SGBV specialised courts to other counties that also have recorded high prevalence of these cases,” she said.
Deputy chief justice Philomena Mwilu took issue with SGBV perpetrators especially those preying on children, warning them to stay clear.
She called on the courts to take stern action against them, where enough evidence is provided.
“I have never understood why a grown man would touch a child while there are enough women in the state, please let our children be,” Mwilu said.
Tourism Cabinet Secretary Najib Balala, who was representing his Interior counterpart Fred Matiang’i, reiterated the government’s commitment to strengthening the Judiciary to fighting increased SGBV cases in the country.
Balala noted that cases of violence being meted out on men were also on the rise, though many go unreported.
“It is equally important to note that society is always witnessing an alarming increase in the number of cases of men being battered by women.Unfortunately many of these cases go unreported, “said Balala.
Balala added that the government was on high alert to monitor and curb election related SGBV cases as the country gears up for o the August polls.
(Edited by Francis Wadegu)