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MEDIA STATEMENTState Obligation To Protect Rape Survivors – July 2022

For Immediate ReleaseLitigation on Failure of State to Fulfil its Due Diligence Obligation to Investigate Sexual Offences: Unconstitutionality of Out of Court Settlements Initiated by State ActorsNairobi, KenyaYesterday, 5th July 2022, the Centre for Rights Education & Awareness (CREAW) and IW, a rape survivor, appeared before the Constitutional and Human Rights Division of the High Court of Kenya, HCCHR PET E416/2021 – IW & Centre for Rights Education & Awareness (CREAW) vs the Attorney General, Inspector General of Police and others. The complainants seek to hold the state accountable for the failure to fulfil its obligations to investigate, prosecute and punish perpetrators of violence against women. In particular, this case seeks to address a common but understated challenge in the criminal justice system where survivors of sexual violence are not adequately supported by state agents but coerced into entering into settlement agreements with perpetrators. This case seeks to create a wider social impact in the criminal justice system in Kenya where out of court settlements in cases of gender- based violence are rampant. Of specific concern is the role that State actors such as the police play in propagating these out of court settlements which empower perpetrators of violence and leave the victim/survivor grappling with the aftermath of the violence. This creates a culture of rape and impunity in the society. In our submissions, we set out the core components of an effective investigation and standards the role of the police in protecting victims of violence in the criminal justice system. We submitted that the investigation by the police in this case did not meet the threshold for a proper investigation. In response to the Attorney General’s argument that the Inspector General of Police cannot be held liable for the actions of the investigating officer, we argued that the Inspector General of Police can be held accountable for the actions of the police officers who act in their capacity as a police officer and employees of the National Police Service.The judgment will be issued on 17th November 2022 before Hon. Justice Mrima.

The applicants were represented by Winfred Odali who is an alumni of ISLA’s Feminist Litigation Network. The Initiative for Strategic Litigation in Africa (ISLA) is acting as advisor to counsel. ISLA’s Feminist Litigation Network (FLN) aims to develop a pool of African feminist strategic litigators. ISLA achieves this by investing in partner organisations and a raft of capacity strengthening activities such as the strategic litigation institute. She works as a Strategic Litigation Advocate in CREAW where she is steadily developing a portfolio of cases to hold the state accountable for the failure to protect women from violence, among others. This was her maiden appearance before the Constitutional Division.Join the conversation on social media by following:#EndImpunityforVAW#EndVAW For further enquiries kindly contact:Sibongile NdasheISLA Acting Litigation DirectorSibongile@the-isla.org
Winfred OdaliCREAW Strategic Litigation AdvocateWinfred.Odali@creawkenya.org

Date: June 15, 2022

Civil Society Organisations recognized for their efforts in gender quality

The Centre for Rights, Education and Awareness was on Tuesday, 14 June, recognized by the Gender Is My Agenda Campaign Network with the Civil Society Award at the State House. This award was a recognition for the work of civil society organisations towards gender equality and development. It was one of the awards complementing the Africa Gender Award 2022, that was presented to H.E President Uhuru Kenyatta on the same day. Also awarded was the Kenya Private Sector Alliance which received the Private Sector Award.

The award serves as a mechanism to monitor and reward an African Head of State or Government who has demonstrated outstanding achievement in promoting gender equality and development within the thematic areas of the African Union’s Solemn Declaration on Gender Equality. Kenya has achieved eleven out of twelve operative articles of the Solemn Declaration on Gender Equality in Africa. The award is based on three thematic indices namely HIV Index, Education Index and Gender Parity Index.

HE President Uhuru acknowledged that it took a multi sectoral collaboration with the civil societies and the private sector to achieve the gains that Kenya has had over the past one year.

“CREAW would not have been able to do our work were it not for the enabling environment created by Cabinet Secretary Prof Margaret Kobia which has opened doors for the civil society to work with the government,” Executive Director of CREAW Wangechi Wachira stated.

To advance gender equality and effectively influence policy change, CREAW continues to work collaboratively with both state and non-state actors. In working with the government , CREAW is a member of the National Advisory Committee on Generation Equality Forum to promote accountability to the bold commitments made. CREAW is also a member of the National Steering committee of Policare to ensure the actualization of the integrated response to Gender based violence (GBV). At the judiciary, CREAW is a member of the National Council on the Administration of Justice working committee set to review the Sexual Offences Act and other related GBV laws to enhance access to justice. Additionally, CREAW works collaboratively with Parliament through KEWOPA on legislative work. At the county level, CREAW is a member of various Gender Sector Working Groups and Court Users Committee in more than 10 counties.

ENDS

About the Centre for Rights Education and Awareness

CREAW envisions a just society where women and girls enjoy full rights and live in dignity. We believe in the equality of rights, with empowerment and justice made available for every woman and girl. We stand for, ensuring women and girls have Power, Voice and Agency. For more information on CREAW, please visit: www.creawkenya.org.

Contact

Njambi Mungai – 0710778890 (njambi.mungai@creawkenya.org)

In light of the changes in the work environment and statutory structures in the country (Kenya), we thought of bringing the below FACTS to your attention, in our favourite HR segment titled Le Savies Vous

FIVE HR Employment relations FACTS

Le Savies Vous? You are entitled to 30 Days pre adoptive leave with full pay? -On 30 March 2021, the President H.E. Uhuru Kenyatta signed into law the Employment (Amendment) Act, 2021 (the Act). The Act was one of 3 Employment (Amendment) Bills introduced in 2019¹, and it is the only one that has currently been passed into law. The Act came into force on 15 April 2021, following its gazettement through Kenya Gazette Supplement No. 53 (Acts No. 2) PRE ADOPTIVE LEAVE – AMENDMENT ACT.pdf
Le Savies Vous? If signed into Law, employees will have the right to disconnect from work? The Employment (Amendment) Bill 2021 (the “Bill”) was Gazetted by a Gazette Notice dated 8 October 2021. The Bill is aimed at addressing increased employee burnout and promoting employees’ work life balance. Specifically, the Bill seeks to amend the Employment Act, 2007 to introduce an employee’s ‘right to disconnect’. This is a workplace concept that is gaining increasing attention, globally, more so following the effect that the covid-19 pandemic has had on labour relations.
Le Savies Vous? CREAW has an anonymous online feedback and Whistleblowing portal ?-https://forms.office.com/r/rFnjaGWL07 and at/nAC34 for beneficiaries, partners and staff, used as a feedback mechanism to capture their experiences when interacting with the services that we provide.
Le Savies Vous? That CREAW as an organisation has a signed commitment towards safeguarding and that the same binds your action/s both at work and outside of work? The training slides are here for your perusal SAFEGUARDING AWARENESS TRAINING – CREAW KENYA- DK.pdf
Le Savies Vous? Every female employee is entitled to a lactation rooms in the workplace that are adequately provided with necessary equipment and facilities including hand-washing equipment, appropriate cooling facilities, electrical outlets for breast pumps, a small table and comfortable seats? in line with the requirements of the Health Act, 2017 (section 71 & 72) GUIDELINES-FOR-WORKPLACE-SUPPORT-FOR-WOMEN-SOFTY-COPY-SAMPLE-converted.pdf

In Kenya, women’s groups movement emerged in the pre-independence era which scaled up in the wake of independence in response to the development aspirations targeting illiteracy, poverty and disease burden. However, as years go by, more and more emerging issues affecting communities have continually been spotlighted by women groups. From political exclusion, gender bias, violence against women and girls as well as social injustices.

It is to this end that the Women’s Voice and Leadership (WVL) program supported by Global Affairs Canada through CARE Kenya is implementing a project to support the capacity and activities of local and national women-led organisations seeking to increase enjoyment of human rights and gender equality by women and girls in Kenya.

To achieve this, the project is providing funding to the grass-root women rights organisations and networks, in recognition of the funding gaps they face. Amongst the many gaps they needed to fill, Human Resource was identified as a capacity building area of need. Having noted that human resource department is the heart and soul of any organisation, we embarked on capacity building trainings to help the women rights organisations get to speed with the basics of the department needs.

The training areas largely focused on Human Resource policies, Board Charter and governance policies, Organisation structures and charts, Statutory registration, Talent Acquisition, performance management, Payroll management amongst others.

The sessions are still ongoing with several physical and virtual trainings for the group’s in Bomet, Kericho, Nanyuki, Mombasa, Kilifi and Nairobi counties. It is key to note that without proper human resources management the women led organisations would have had a hard time working effectively to achieve their institutional objectives.

Across the globe, women continue to deal with discrimination and gender-based violence. Kenya is no exception despite having a constitution that prohibit discrimination either directly or indirectly. UN Women estimates that gender-based violence impacts nearly 40% of Kenyan women. Sadly Women continue to bear the burden of unpaid domestic tasks, which can limit the long-term opportunities for women and girls.

In the workplace, women continue to occupy lower-paid positions with limited opportunities to progress, which increases their vulnerability to harassment and exploitation.

It is on this backdrop that Haki na Usalama project aimed at restoring dignity and justice for survivors of gender-based violence. CREAW in partnership with FEMNET, and Gender Violence Recovery Centre (GVRC) has been focusing on a multi-sectoral approach towards addressing rampant violence against women working in tea farms, women out-growers, grassroots women groups, men and youth, County government, and wider GBV state and non-state stakeholders who are key players, to improve the attitudes and behaviour related to women’s and girls’ rights and create viable economic spaces where they can enjoy their rights free from violence.

Through the GBV training using the SASA! model conducted on tea farmers, religious persons, and leaders of women groups, it emerged that cultural practices and traditions, poverty, polygamy, substance and drug abuse, tea bonuses, social protection stipends, and peer pressure were triggers of GBV. Sadly rape, defilement, forced sex, FGM, and wife-beating were the common forms of violence mentioned by participants.

“Sexual harassment has been happening within the tea buying centres. It is only that we did not know what to call it. Occasionally we experience inappropriate physical gestures, particularly tickling of palms while being greeted or even intentional rubbing of the breast while weighing tea,” says *Cherono (Not her real name) who is a tea out-grower in Kericho.

The knowledge gained from the training has enabled the trained champions of change to discuss GBV issues as well as organize for joint awareness sessions to speak to adolescent girls and boys during the school holiday.

“My passion to speak about GBV since I was trained by CREAW has accorded me a platform to speak during chief barazas about the effects GBV has on the development of the community and this has inspired me to speak about prevention of GBV at every chance I get. I am now very important in my community and I have earned the title GBV woman (mama wa GBV)” Shares Margaret from Nyamira county.

The Gender committees are now more robust and targeted in their structures due to the Gender concepts and sexual harassment knowledge training that was conducted by CREAW. The training helped strengthen the Gender Committee in the tea factories which was recently constituted as per Rainforest Alliance Farm standards requirements.

“I feel that it is time for women to take up senior job positions in the tea factories. I believe that our gender committee can achieve this goal. The training has also helped me a lot as a family man. I have learned how to relate better with my spouse and children” says Felix Koskei a tea factory worker in Bomet.

The training also helped the factories identify the Gender-blind actions that need to be reviewed to ensure well-being of all the stakeholders within the Tea sector ranging from its staff, buyers, farmers and suppliers to increase tea productivity while upholding human rights as highlighted within the human resource policy.

Kelvin Murori is an epitome of the silent reality of men who go through intimate partner violence. The 30 year old father of 2, had a rough patch in his marriage, to the extent of his wife of 5 years abusing him physically.

In this typical patriarchal society where men shun away from sharing their marital challenges, Murori is defying the narrative and boldly steps out to tell his story.

“ My wife used to beat me when I come home from work without any money. She would get so aggressive to the point of locking me out of the house. I spent nights out in the chicken shed since I did not want anyone to know what I was going through,” Confirms Murori.

The boda boda operator came across Razia Salim a community champion from Wabera ward, who was raising awareness about gender based violence in the community. The message attracted him, which ended up helping him to open up to her.

“ I was invited to join a men engagement meeting. I realized there was a meeting of men in the community who were standing up for the rights of women and girls, as well as mentoring young men to be responsible members of the community,” Says Murori.

Through his continuous engagement and active participation in the meetings, is when it dawned on him that he had not been supportive enough to his wife and children. Unfortunately, he would sometimes spend the little money he made as a boda boda operator in consuming alcohol.

“ He would come home empty handed and expected to find food on the table. I would get frustrated because at that point, I was also struggling to make ends meet for the family. I know what I did was extreme but am grateful to Razia who helped me join a table banking group that has really helped improve the economic status of my family,” Shyly says Pascaline as she confirms her past brutality towards her husband.

The couple now owns 2 motorcycles which have been a great income generation, that has seen Murori provide for his family. His wife Pascaline also started a vegetable vending business in Kiwanja Ndege and together, the couple is epitomizing strength in unity. The punches and exchange of kicks and blows have been silenced by peaceful hugs and laughter.

According the Men Group in Kiwanja Ndege location is Isiolo county, the greatest challenge women and girls face in the community, is the retrogressive culture of Female Genital Mutilation, which has seen girls drop out of school.

“I have personally protected my grandchildren against the Cut. My girls are survivors but have sworn not to let their children and the next generation from going through the initiation,” says Abdul Haji, one of the elders at the group.

Jeremiah Kaberia is another reformed man in the group. The father of 6 regrets his early years of marriage as he was an absent father to his children. His love for the bottle superseded that of his family to the extent of him being a run-away husband. However, ever since he was introduced to the group, he has turned a new leaf.

“I have started bonding with my children afresh. I now know how they are faring on in school. I have become responsible to family thanks to this group. We have accountability partners who help us stand when we fall,” confirms Kaberia.

Through the Wajibika project, men engagement has been identified as a holistic approach to prevent and respond to SGBV. This is due to the critical role men and boys play in promoting gender equality as well as engaging with multiple systems and stakeholders for gender transformative change that seek to meaningfully engage men and boys to challenge negative notions of masculinity and promote healthy, gender equitable relationships.

Hezron Chege Ndaki has decided to build his young career around humanitarian work and championing for the rights of women and girls. He is grateful for the opportunity he got at CREAW through the Linda Haki project, where his work under the legal department, involved drafting pleadings, legal representation as well as mediation where necessary. It is through his diligence that Hezron is back to CREAW mentoring Linda Haki interns in cohort three.

“ My new job entails guiding the new interns that have joined the team this year. I am overseeing the work of 5 interns just to help ease the work pressure that the legal officers have when attending to clients,” Says Hezron.

As an intern he was able to demystify issues around gender based violence as well as family relations. Some of his major highlights this year (2022), has seen him secure a court order, barring a man from evicting his client from their matrimonial home.

“ I got a letter inviting him for mediation but he continued harassing me and the children threatening to throw us out of the house. It is when Wakili advised that we apply for a protection order in court,” narrates *Njoki (Not her real name) as she opines her optimism in getting access to the house she helped build and maintain.

The case is still in court as the two parties have been directed to try and mediate before it gives its direction on the matter.

Another milestone under his sleeve is child custody case. *Penina ( not her real name) had found herself in precarious situation. She had separated from her partner who was the father of her 2 children. The children went to school in an institution where their father was an administrator. Oblivious of the law, he ended up abducting the children, forgetting the mother had full custody of them after their separation.

“ He took the children without my consent. He came home while I was not around and took them away with him. I had to seek for help because one of the reasons for our separation was the physical abuse he meted against me and the children traumatising them even further. I feared for their lives,” Says *Peninah, thanking Hezron and his team for moving swiftly in securing the children.

The team went to the children court and booked the matter under certificate of urgency and filed the case in court, serving the perpetrator court orders.

“ He was so shocked that what he did was a crime, thinking he was entitled to the children since he is the father. We enlightened him on the law and he even signed consent to agree in supporting the children’s welfare,” proudly states Hezron.

For Hezron and the legal team at CREAW, having a great workmanship and collaboration has made it easier for them to serve women and girls who seek legal advice as well as psychosocial support, thanks to the Linda Haki project that is steadily increasing access to justice for survivors of GBV.

Poverty has been cited as one of the key contributing factors for hindrance of access to justice for women and marginalised populations living below the poverty line. It is against this backdrop that CREAW in partnership with the United Nations Development Program (UNDP) are implementing the Linda Haki project in Nairobi’s informal settlements, specifically Kibra, Eastleigh and Makadara in Nairobi County.

The sixty-sixth session of the Commission on the Status of Women (CSW) took place from 14 to 25 March 2022. However, due to the continued impact of the COVID-19 pandemic, CSW66 took place in a hybrid format. All side events and parallel events were fully virtual.

CREAW was honoured to have participated in the side events organised by Kenya Private Sector Alliance (KEPSA). The discussion which focused on women’s economic empowerment in the changing world of work, sought to highlight the effective approaches and progress towards actualisation of women’s and girls’ rights.

Speaking during the event, CREAW’s Executive Director Wangechi Wachira, emphasised the need for continuous collaborations amongst stakeholders, to push for economic justice for women in their places of work.

“ Kenya needs to fast-track the ratification of the ILO convention 190 to address sexual harassment and safe guard the rights of women in the world of work,” said Wangechi fronting for women as being good for business.

The discussions culminated with Kenya Private Sector Alliance (KEPSA) launching its first of a kind private sector gender mainstreaming policy.

According to KEPSA, putting policies in place that encourage women entrepreneurs and expanding women access to capital and networks will help them realize their entrepreneurial dreams.

Chairperson KEPSA, Flora Mutahi said the policy aims to offer guidance to companies and organisations seeking to optimize gender equality and women empowerment initiatives.

“The formulation of this policy demonstrates the private sector’s commitment to ensuring that gender mainstreaming is integral to the policies and operations of an organisation. It is therefore imperative to ensure that no one is left behind in this quest for sustainable growth and development.” said Mutahi.

The launch, which was part of the two-week observance activities of CSW 66, under the theme of Women Economic Empowerment in the Changing World of Work, was witnessed by Jebii Kilimo, and Rachel Shebesh, Chief Administrative Secretaries (CAS) in the Ministry of Gender, Public Service, Senior Citizens Affairs and Special Programmes.

The Narok county Gender Policy launch brought together gender stakeholders in a colourful ceremony that signified the beginning of change and protection of the interest of the minority groups in the county.

Narok County Commissioner Isaac Masinde who presided over the launch recognized the policy is a great milestone to the residents as the vulnerable groups like people with disability, women, and youth will be included in all government initiatives.

The policy which was drafted with the help of the Kenya Women Parliamentary Association (KEWOPA) and grassroots organizations with the help of CREAW-Kenya, aimed at providing gender equality and women’s empowerment in national development and decision processes, enhancing the participation of women and men, boys and girls, access to all government services and initiatives without any form of discrimination.

“One of the goals of launching the policy is to ensure the rights and equality of every mother and to help girls avoid circumcision and early marriage,” said KEWOPA’s Mercy Mwangi, who expressed hope for what the policy would do for the county.

The function was held at the William Ole Ntimama stadium and brought together different stakeholders among them Members of County Assembly, women groups, government officials, Non-Governmental organizations and religious leaders.

Ms Christine Lemain, the chair, Gender committee in the County Assembly said the policy is a big plus to women as they will get a chance to participate in the decision making and development of the county.

“The women are not flower girls in the assembly. We are very important because we have to speak issues affecting women, which are many, in the assembly,” she said.

The Nominated MCA reminded that FGM is a crime in the county saying the women who will engage in the retrogressive practice will risk being arrested and prosecuted.

“We want to make it open in this county that FGM, early marriages and child labour are crime in this county. These are some of the issues the police is addressing,” she said.

Narok Executive Member in Charge of Education, Youth and Gender Cecilia Wepali lauded the NGOs that have been in the forefront of developing the policy that will benefit the Narok residents.

She asked women to vie for political seats and compete for other jobs available so that they too can participate in the development of the Nation.

Since the onset of devolution in the year 2013, Narok County has had only the Women Representative elected as a woman, all other elective positions are normally taken by men.

Isiolo became the fifth county to officially launch its very own Gender Policy to help mainstream gender in the county’s policies and processes. The draft of the policy which was introduced to the County Assembly of Isiolo in September 2021 and was unanimously passed by members of the assembly.

The policy was drafted with the support of CREAW and the Kenya Women Parliamentarians Association (KEWOPA). It has been work in progress for the last four years before this great milestone could be achieved.

According to Isiolo county governor Mohamed Kuti, the policy will promote realizatdion of two-third gender rule by offering equal empowerment opportunities for women, youth and girls, and strengthening already existing institutional structures aimed at eliminating all forms of violence.

“The policy will ensure a just society where all live free of discrimination, violence and marginalisation and enjoy equal rights and opportunities for sustainable development,” Dr Kuti said in a speech read on his behalf by county secretary Dr Ahmed Galgalo.

The gender policy 2021/2025 is a progressive move towards ensuring gender equality and protection of women, girls, and youth in Isiolo.

The law provides a clear framework for the implementation of this policy with concrete measures to prevent Sexual Gender-Based Violence, Female Genital Mutilation (FGM), and radicalisation of youth to violent extremist groups.

“Inclusion of women and girls in policy and development processes is critical for a gender-equal society. Beyond the launch, we want to see the implementation fast-tracked to deliver safety nets and progress for women and girls,” said Wangechi Wachira, CREAW-Kenya’s Executive Director

Ms. Mercy Mwangi of KEWOPA stressed on the need for the county government and partners to set aside enough funds to support women and girls.

“There is need for equal access to opportunities and resources for women empowerment,” she said.

Several development partners and civil society organisations committed to support implementation of the policy for better results. Isiolo is the fifth county to come up with a gender policy in Kenya after Makueni, Kisumu, Meru and Migori.

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Blog Archives - Page 4 of 13 - CREAW KENYA

Media Statement – State Obligation To Protect Rape Survivors – July 2022

Press Release: Civil Society Organisations recognized for their efforts in gender quality

DID YOU KNOW? FIVE HR Employment relations FACTS

Accelerating gender equality through capacity building of grassroot women rights organizations

Promoting women safety and opportunities in tea communities

Kelvin Murori: I am changing the narrative of gender based violence against men

Linda Haki mentors: The face of hope for families in distress

Inspiring a new era of gender mainstreaming in the private sector world

A win for women and girls as Narok county launches Gender policy

Isiolo launches policy for gender mainstreaming in county

Justin’s Brave Step Towards a Better Life

Kenya Marks World Contraceptive Day with Call for Youth-Centered Solutions

CREAW and Embassy of Sweden in Kenya Partner to Strengthen Grassroots WROs

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