Kenya: Cheer greets creation of specialized sexual and gender-based violence courts

NAIROBI, March 11 (NNN-KBC) — The war against sexual and gender-based violence (SGBV) in Kenya got a major boost following the establishment of the first-ever specialized court to handle SGBV in the country.

The specialized court opened amid rising cases of SGBV which include among others; defilement, rape, female genital mutilation, and gender assaults.

Speaking during the launch of the court in Shanzu, Mombasa, Chief Justice Martha Koome expressed optimism that the new courts will ensure that victims of such harmful acts get justice.

“As we launch the court in Shanzu we expect that it will showcase best practices identified towards ensuring expeditious trials. These include stakeholder engagement and collaboration through the Court User Committees,” she said.

“It is a reinforcing prompt of the urgency to align the criminal justice sector towards a coordinated structure that preserves the dignity of victims and enhances fair trial within the tenets of the Constitution,” she added.

She directed the courts to implement the ‘no adjournment policy’ when it comes to SGBV cases amid concern that 56% of adjournment of such cases was occasioned by external parties, for the reason that witnesses or parties fail to turn up to the courts. Sentiments echoed by her deputy Philomena Mwilu.

“I urge the Judges and judicial officers to ensure that the law is obeyed and applied fully when SGBV cases are brought before the court. When there is enough evidence, pack the culprits away so that children remain safe.’’ Mwilu noted

Koome lauded the leadership of the International Women Judges Association – Kenya Chapter for championing the establishment of the court.

“We owe it to all those violated and vulnerable members of our society who seek justice following heinous acts of gender-based violence to ensure the  SGBV Courts succeed,’’ Justice Agnes Murgor, JA and President, IAWJ-Kenya Chapter said.

And she is not alone in celebrating the milestone. Women judges and magistrates, advocates, politicians, members of clergy and rights groups who have been at the forefront in pushing for the creation of the court have welcomed the move.

“This event comes at a time when a young woman motorist was assaulted. The creation of the specialised SGBV Court is a message that it will not be business as usual for anybody involved in Gender Based Violence.’’ Chief Registrar of the Judiciary Anne Amadi warned.

‘My plea is for the Judiciary to give SGBV cases speedy conclusion – preferably 6 months- just like the election petitions,’ Kilifi County Governor Amason Kingi said.

On her part, the International Development Law Organization (IDLO) Kenya Country Manager Teresa Mugadza noted that during the Covid-19 pandemic, SGBV became the shadow pandemic with a notable spike. As such as said “IDLO applauds the Judiciary for pursuing equitable access to justice for all and enhancing services for survivors of SGBV.’’ — NNN-KBC

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