Sexual and gender-based violence has been a thorn in the flesh for Kenya. According to the Kenya Demographic and Health Survey report (2014) physical violence against men is 3.8 per cent compared to physical violence against women, which is at 37 per cent.
Data captured through the 1195 national GBV helpline between 2015 and 2018 shows that 8,288 women reported GBV in comparison to 2,428 cases reported by men. The vulnerability of women to violence is also attributed to the imbalance of power in relationships between men and women. This article seeks to address whether Kenya is currently in a better position to tackle SGBV.
“Apiyo was a 53-year-old mother of five when she was gang-raped and beaten by four men in January 2008. Eight years later, the attack still torments her. She cannot sleep and she thinks about the ordeal all the time. Once the owner of a clothing business in Nakuru, she lost her husband and her business in the post-election violence and now lives in poverty, dependent on the goodwill of her in-laws,” says Agnes Odhiambo in her article, 'In Kenya, forgotten rape survivors have stories to tell'.
She goes on to say, “A conflict over who orchestrated the violence and whether anyone will be held accountable is still playing out across Kenya and beyond. But the stories of the hundreds of women and girls victimised during that violence and their struggles ever since have not yet been fully told.”
SGBV has for a long time been tolerated in Kenya and as a result of this, the country has tried to make strides in stopping its haunting past seeping through to a promising future that sees gender equality and equity as a guarantee to all. We must however interrogate these strides to conclusively see if there has been any positive change.
In 2021 the government reiterated its commitment to end all forms of GBV by 2026 through 12 commitments within the Generation Equality Forum framework to accelerate the realisation of the sustainable development goal number 5 on achieving gender equality and empowering all women and girls.
While this is a step in the right direction, if the steps meant to be taken are not implemented then the fight against SGBV will remain elusive as it has been in the past.
It would be remiss not to highlight some of the steps Kenya has taken to end SGBV and most importantly to ensure SGBV survivors access justice. The National Gender and Equality Commission, formed in 2011, was and is mandated to, “promote gender equality and freedom from discrimination among all Kenyans and, in particular women, the youth, children, persons with disability, the elderly, minorities and marginalised groups.”
According to a study by the NGEC titled 'The Status of SGBV legislations in Kenya', Kenya has laws and policies aimed at curbing SGBV but have they been acted upon or implemented?
There have been gaps in implementation by policymakers or what the NGEC calls 'duty bearers'. The strength of any law is the ability to implement and see it through and this is what the NGEC is mandated to do with specific regard to SGBV. The study goes on to say failure to implement has been due to the duty bearers not being held to account.
Perhaps we can also shift this responsibility from not only state actors but non-state actors as well. There needs to be multi-sectoral coordination and willingness from all stakeholders to ensure these laws are implemented. Non-state actors include members of civil society as well as corporates. These could come together and curb SGBV in their respective environments.
The study offers a glimmer of hope by saying that, “Nevertheless, it is instructive to note that the existing policy and legal framework, while not being perfect, provide a sufficient basis from which prevention, incidence reporting, response and realization of justice for survivors of SGBV can be realised.”
“Among these laws are those relating to marriage, divorce, succession, welfare and protection of children and relationships at the workplace. Laws enacted to curb specific forms of SGBV include: the Sexual Offences Act 2006 (SOA), The Protection Against Domestic Violence Act 2015 (PADV), The Prohibition of Female Genital Mutilation Act 2011, and Counter-Trafficking in Persons Act 2011”, according to the study.
In the wake of the general election, the National Cohesion and Integration Commission report dubbed 'Towards a violence-free 2022 election' predicts that 16 counties stand a greater risk of electoral violence.
Therefore both state and non-state actors have an opportunity to prevent the recurrence of SGBV and avoid a repeat of Apiyo’s and many other survivors’ stories such as documented by Equality Now under its compendium: Amplifying survivor voices: Interviews with survivors of gender-based violence in Kenya, available at www.equalitynow.org.
Institutions mandated to prevent and respond to SGBV must therefore stand firm and not only prevent SGBV but also hold perpetrators to account to cement the gains made by Kenya in the fight against SGBV and the human rights violations it causes.
Celestine Ndinda is an influencer at #Better4Kenya and a content creator extraordinaire and JeanPaul Murunga is an advocate of the High Court of Kenya!
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