Cindy Aketch
For many years, our work with women and girls in the community has been grounded in understanding their stories and using that knowledge to guide their healing journeys. This approach has allowed us to connect deeply with those we serve, providing tailored support that addresses their unique experiences and needs. It has been, without a doubt, the most fulfilling work I have ever undertaken.
Our efforts have taken us to communities across Kisumu County and beyond, where we have had the privilege of interacting with countless women and girls. Through these interactions, we’ve gained invaluable insights into their struggles, strengths, and resilience. However, despite our efforts and the courage of these survivors to come forward, only about 10% of the women we’ve worked with have seen justice. This statistic is both disheartening and unacceptable, highlighting the severe flaws and challenges within the justice system in Kenya.
This brings me to the focus of this article: " The Price of Justice in Kenya: What Does the Journey Look Like for SGBV Survivors?” The narrative that we often hear from survivors is a familiar one: "I reported the incident, but nothing happened." This simple statement encapsulates the frustration, despair, and disillusionment that many survivors feel after engaging with the justice system. For too many, the process is fraught with obstacles, from unresponsive law enforcement to lengthy court proceedings, and all too often, the absence of a fair outcome.
The challenges begin right from the moment a survivor decides to report their assault. In many cases, they are met with suspicion, blame, or outright indifference from the authorities. This initial response can be incredibly damaging, further traumatizing the survivor and discouraging them from pursuing justice. Even when a report is taken seriously, the road ahead is long and demanding. The collection of evidence, the availability of forensic services, and the willingness of witnesses to testify are all factors that can complicate and delay the process.
Furthermore, the judicial system itself often fails survivors. Cases of sexual and gender-based violence are frequently mishandled or dismissed due to insufficient evidence, procedural errors, or even bias against the survivor. The burden of proof is placed squarely on the survivor’s shoulders, requiring them to relive their trauma repeatedly in the pursuit of justice. For those who do see their cases go to court, the proceedings can be drawn out over months or even years, with no guarantee of a just resolution.
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The impact of this broken system is profound. Survivors who are denied justice often experience a sense of betrayal and hopelessness, feeling that the system that was supposed to protect them has instead failed them. This failure not only hinders their personal healing journey but also perpetuates a culture of impunity, where perpetrators believe they can commit acts of violence without consequence.
In response to these systemic issues, we must advocate for a more survivor-centered approach within the justice system. This includes better training for law enforcement on handling SGBV cases with sensitivity, ensuring that forensic and legal support is readily accessible to survivors, and streamlining court processes to reduce delays. Additionally, public awareness campaigns are crucial in changing the narrative around SGBV, encouraging more survivors to come forward, and holding the system accountable for delivering justice.
In light of these challenges, the recent launch of the Kisumu SGBV-specific court represents a beacon of hope. This court is dedicated to handling cases of sexual and gender-based violence, with the aim of providing survivors with a more supportive and efficient legal process. However, this court remains underutilized due to a lack of awareness within the community. Many survivors are still unaware of its existence and the potential it holds for expediting their cases.
Our goal is to raise awareness about this specialized court and ensure that survivors know that they have a dedicated platform where their cases can be heard more swiftly and sensitively. We aim to work closely with community leaders, local organizations, and the media to spread the word about this important resource. We hope that with increased utilization of this court, the duration of SGBV cases can be significantly reduced, ideally taking no more than six months to reach a resolution. pushing for systemic reforms, we can work towards a future where justice is not just a distant dream, but a tangible reality for all survivors.
The author is a Communication and Advocacy Officer, Kisumu Medical and Education Trust (KMET)
Cindy Aketch
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