Getting into Kayole, an informal settlement within Nairobi, is not a walk in the park. The place is a beehive of activities, as everyone busies themselves with the hustle and bustle of eking a living. At the Masimba junction, we meet Raphaela Wangari, busy tidying up her shop. She has just received a new stock of eggs to add to what she had. Minutes later, her general store, commonly referred to as a duka, is a swam of activities as clients line up to buy basic commodities found at her shop.
We meet Neema* (not her real name) in the informal settlements of Kawangware where she has been living for six months since her husband of 10 years beat her and threw her out in the cold in the wee hours of the night with her two children.
“For the last 10 years I have been married to him, there has never been peace in our home. Occasionally, we would fight even on the slightest provocation,” she says, adding that everything changed when she lost her job; her husband threw her and her two young children out in the cold, and she was left to fend for her children with no income in sight.
Sadly Neema* is not the only one facing domestic violence: her experience mirrors that of many women and girls who are increasingly being trapped with their abusers at home.
With the raging cases of COVID-19 pushing households into economic slumps, women and girls “locked” with their abusers are also finding it difficult to seek safety away from violence marred homes- cutting them off from their supportive networks and resources that could help them.
Like Neema, Kadija ( not her real name) is also another survivor of domestic violence from the informal settlements of Kibera. It has only been a month since she left the shelter where she had sought refuge after receiving constant abuse from her husband that only worsened during the pandemic.
“I am unemployed and depended on my husband. Because of the pandemic, he received a pay cut and we could barely afford to pay for food and rents. Many times we would fight even over minor things. I feared for my life and that of my children,” says 29-year-old Kadija who is now separated with the husband.
As the pandemic keeps raging on, CREAW’s owned hotline-0800720186 has been a buzz with women and girls making frantic calls to report violations and seek legal and referral services. On average, the hotline receives 90 cases in a month, this compared to 20 cases during the same time last year. Similarly, the rising incidences of violence against women and girls have been further affirmed by the data from the National gender based violence (GBV) hotline 1195, indicating a 55 percent surge with women accounting for nearly 70 percent of those cases.
With the pandemic disrupting access to essential support services to survivors of GBV, CREAW, with the support from UNDP Kenya, adapted its intervention in the community during the pandemic to ensure that women and girls- survivors, especially those living in the informal settlements of Nairobi receive the much needed support to heal and build resilience beyond the pandemic.
This includes, free legal information and representation, psychosocial support to help survivors heal from their traumatic experiences. In-addition, CREAW also integrated the survivors to the existing livelihood cash reliefs intervention supported by the European Union in Kenya and shelter services as they reorganise their lives.
his appeal raises novel questions of law on whether vicarious liability can be attributed to the appellant, the Teachers Service Commission (TSC) who at the material time had employed Astorikoh Henry Amkoah, (3rd respondent hereinafter referred to as “teacher”) for alleged acts of sexual abuse against the students hereinafter referred to as “WJ” and “LN”).
For 12 years Margaret Sepengo was a renowned female circumciser in the remote village of Leparwa tucked in the north of Isiolo County.
In 2015 she abandoned the cut all thanks to the sensitization efforts by CREAW auspiced under the Tunza Mama Na Mtoto project aimed at empowering communities to abandon retrogressive cultural practices such as Female Genital Mutilation (FMG) that inhibits on maternal and newborn health.
With the support from UKAid through Christian Aid, the project that is in its third year of implementation adopted a community mobilization approach dubbed SASA! (Start, Awareness, Support, Action),to educate and inspire communities to take actions for social change.
Margaret was lucky to be among those who were capacity built on maternal health issues and how they can use the knowledge to advocate against FGM, early marriages, teen pregnancies and gender based violence all of which are rooted deep in culture and the leading causes of maternal and newborn motilities and morbidities in the larger Isiolo County.
“It is the trainings that enabled me shun the practice and engage in alternative source of livelihood,” says Margaret who is now a respected community activist who is using the SASA! model to change perceptions and attitudes of her community towards FGM.
Female Genital Mutilation as she puts it, used to be the cornerstone of livelihoods for many households but the situation has changed. When she learned the art of the cut, her only motivation was to eke a living.
“I used to admire an elderly neighbour who used to circumcise girls and would earn a lot of money. Being a third wife and an only breadwinner in the family, I learnt the art and would make Sh1000 from each girl. The prices would go up to Sh2500 during high season and sometimes poor families will offer their goats or cattle,” she says.
“With the sustained community dialogues targeting the council of elders, men and women, the community has opted abandoned the age-old tradition,” she adds.
In her quest to have the elders lift the ban on the curse placed on any man who marries uncircumcised girl, Margaret reach out to the Masaai Morans to have the elders allow them to marry uncut women. The elders agreed to their quest and held a public forum to ‘break the curse.’ The forum held in Laikipia brought together the young and elderly from Masaai, Turkana and Samburu communities. This was a great step towards eradicating FGM.
“During the exchange visit between reformed circumcisers from Isiolo and Kajiado, I learnt the different initiative that my counterparts were using to have the elders to create a by-in with the elders who are the custodian of culture. I came back and embarked on the same. My efforts bore fruits,” explains the mother of four.
“Among pastoralist communities, uncircumcised girls were doomed to be a bad omen and outcasts. The blessings symbolized an end to the cut among the communities,” she says, adding, “ This was a step to ensuring that women and girls would now be free from early marriages and complications experienced during childbirth associated to FGM. “
Aside from her proactive activism in her community, she has enrolled herself into adult education program now in level three. She explains that like many girls in her community, she was married off to an elderly man at the age of 14 and was not able to ascend through to high school.
“If we give girls the opportunity to go to school, we will be able to break the cultural barriers and make healthy decisions for their reproductive health and that of their families and children,” she says.
Thursday afternoon, the weather is chilly and the usually busy Githongo pitch has no sight of any young ones kicking around the ball in the pitch or athletes working out as in the usual. In the surroundings, the densely constructed shelters are slowly shifting the small rural town of Githongo to an urbanized community center.
Looking on to the vast field in the left corner is the Githongo Chiefs Offices. Outside, a group of women and men are seen chit chatting. Their starched and well-pressed brown khaki uniform brings their steadfastness to the fore; their threaded shoulders mark them out as protectors and defenders of the larger community as their call of duty bestows them.
The uniformed women and men are Chiefs from Imenti Central, Meru County who came together to establish the 14 members Utawala Chiefs Group with an aim to better provide coordinated response to GBV matters in their localities. Today, they are having their usual biweekly meetings to discuss the emerging issues in the community.
At the location level in Kenya’s administrative system, Chiefs are charged with mandate to maintain order within their jurisdiction. For the Utawala group, the work in the community goes over and above their call of duty. They derive passion from a violence free society where women and girls live in dignity, are better protected and able to move freely and thrive and thus their continued conversations and coordinated response to the ills that bedevils their community.
For more than two years now, they have been working together, raising their voices and driving conversations through Chiefs’ Barazas to educate their communities on the ills of GBV and the channels of reporting.
“I was privileged to be part of the Chiefs’ training that taught them on how to handle and support survivors when they report violations,” says Faith Kagwiria, a Chief at Kathurune West Location and also a member of the Utawala Chiefs.
As the first respondent when an incident occurs, it is paramount that Chiefs like Faith are well vast with the roles and responsibilities they play in regards to the various matters reported thus, CREAW through the Haki Yetu Jukumu Letu initiative came in handy to build their capacity to enable them to effectively support survivors and respond to the needs of the locals.
The initiative now in its third year of implementation and supported by the Embassy of Netherlands in Kenya equips Chiefs among other duty bearers with the knowledge on GBV related laws, how to document and report matters as well as how to set up community structures that promotes safe spaces in the community.
“Not a day goes, without widows flocking my office puzzled, confused and bewildered when their in-laws take away their matrimonial lands,” narrates Phyllis Mungatia who is the Chairperson of the Utawala Chiefs.
She says the inequalities when it comes to access and control of matrimonial land particularly in the agricultural rich region of Meru disenfranchises women.
It is such that draws the Utawala group to work with a unity of purpose. Their work in the community is slowly gaining momentum with the continued conversations, the community is slowly opening up and speaking out on matters such as incest that were shelved at family level.
“Apart from the weekly chief barazas, we also conduct targeted dialogues with men, women and in schools,” explains Stella Kinoti.
She goes on to say that they have also consistently taught the village elders and area managers on how to tackle GBV noting that it takes both individual and community actions to create a ideal community for all. The Nyumba Kumi clusters have also come in handy to map out cases like female genital mutilation and child neglect.
But as Lucy Magiri puts it, their success has not been without the challenges. Sometimes they are forced to flee their homes or handle cases under cover for fear of their lives. Nonetheless, together, they affirm that their actions are just a starting point to lasting change in the community. They are positive that with their collective efforts, their neighbourhoods will violence free.
In Kilifi County, pregnancy remains a key barrier to girls’ education. In 2018 alone, over 17000 girls fell pregnant – some of the cases are attributed to wayward bodaboda riders who lure young girls with gifts and impregnate them; some girls also fall pregnant after being molested by those they trust most: relatives teachers and clergymen.
When we meet 16 year old *Riziki at her maternal grandparents home, she is cuddling her two year old son- a product of an affair she had with the bodaboda rider. Then, she was in Form two.
“I met him on my way to school and he offered to transport me,” she says. What followed were everyday rides that transitioned into sexual encounters.
“He promised to take care of me but denied being the father of my baby when I informed him I was pregnant,” says Riziki
Like many other girls in Kilifi, Riziki forms part of the statistics of girls whose dream to ascend higher in education and make their future a reality is cut shot by pregnancy emanating from wayward bodaboda riders.
In the wake of this, CREAW through the Haki Yetu Jukumu Letu initiative with the Embassy of Netherlands in Kenya incorporated the Bodaboda riders in the community outreaches where they learn how to ensure that children are safe and well protected from sexual violence and other ills in their communities.
Daniel Tinga is the chairperson of Bodaboda riders in Kaloleni Sub County. He tells us that through the community outreaches he has learnt the dangers that sexual violence pose on the lives of young girls. From the lessons, he teaches his fellow riders to uphold respect and dignity of the women and girls they come into contact with.
“As a bodaboda rider I have the responsibility to ensure my customers whether young or old, arrive to their destination safely,” says Tinga.
In Ganze, Tinga’s counterparts are also organizing around the issue of defilement that has labeled them as perpetrators. In them is a resolve defy the ‘normal’ – they are building agency and using their voices to champion for good.
“ As a father I want, other girls in my community to grow well and complete their education just as my daughters. I want girls to fly high and build our village to greater heights,” says Shadrack Kazungu, a bodaboda rider at Matano Manne, Ganze Sub County.
He explains to us that after attending various community dialogues by CREAW his outlook on violence against women and girls has changed.
“I learnt that cat calling and groping violates the rights of girls. Before I was never attentive to such matters because in my industry, they are ‘normal.’ I am glad there is a shift, the conversations have helped us build consensus amongst us,” he says while noting that, in their Association they are on the look out for individuals who goes against the ethics and conduct they have set as such, they are excommunicated and matters referred to the police.
At Kibaoni, the Bodaboda riders’ voices are even getting more louder in their day to day work. In their numbers, they want Kibaoni Bodaboda Association to be known for good. With their collective voices, they are certain that their community can only getter better.
“We have a good relationship with village elders and Chiefs within Kibaoni who help us in tackling gender violence matters even among our circles,” says Sudi Zalikini.
When 16 year old *Kadzo met her boyfriend, she was smitten; she did not in anyway think her life will change completely.
She says, “he promised to marry me and I believed him.” But today, her melancholic look tells the tale of a wound that she has long reconciled with. From the experimental sexual relationship, came pregnancy.
All through her childhood, her grandparents were the sole providers. They had so much hope in her completing her schooling but the tables had turned and now they wanted her out of their home. Swiftly, they married her off to the father of her child.
And as she tells of her ordeal, she fidgets and mumbles some words. The shock and disappointment of being a teen mother is written all over her. Apart from her pregnancy, she was forced to cope with her abusive boyfriend who came home each night drunk and would threaten to burn her alive.
“The scariest of all was when he took a kitchen knife and wanted to cut off my neck. I managed to escape,” she recalls of her deadliest experience at the hands the lover turned foe.
Once again she was back to her grand parents home, forced to fend for herself and adjusting to the reality of being a mother of a three months old baby with the future unknown.
*Mbodze on the other hand started dating her boyfriend at the age of 14, she was in class six. Now aged 16 and a mother of two moths old baby, she is juggling between nursing her baby and classroom.
Her story bore similarity to that of Kadzo; they are both teen mothers only that one dropped out of school and the other rose through stigma and household poverty to continue with her education.
“I come to school at 8am and leave at 12 noon to go nurse the baby, “she says.
When we set out with her to her home, it takes 30 minutes to navigate through the village paths surrounded by thickets and maize plantations. She usually walks through the 7km journey to Dzitsoni Primary School.
“My dream is to join Ngara Girls after completing Kenya Certificate of Primary Education. I want to be a lawyer so that I can help other girls in my community,” she says.
Mbodze come from a family of five and her parents have since separated.
Hadly a kilometer away is 17 year old *Rehema, Mbodze’s classmate. She is a mother of a seven days old baby.
“I met my boyfriend at the funeral night vigil in the nearby Swere village. I used to call him through my mom’s phone and we would arrange to meet after school. He is a form three student,” says Rehema.
She says, “ when I became pregnant, I informed my boyfriend and he denied responsibility. From there on, I never wanted to see him or have anything to do with him.”
Rehema is lucky that her parents have been very supportive; when she is in school, her mom takes care of the baby.
“I want to learn so that I can have a good life,” says Rehema.
Why so many teen mums?
The life of Kadzo, Rehema and Mbodze mirrors the life of many teens in Kilifi and by extension across Kenya who are now forced to transition to mother hood at a young age. Their situation is not an isolated one. Over the last three years, Kilifi County has drowned under the weight of high numbers of teen pregnancy.
Statistics from the Kilifi County Ministry of Health shows that in 2017, 12,790 girls fell pregnant. In 2018 the numbers skyrocketed to 17,866 and in the period of January and March, 3102 girls were pregnant.
The Kenya Demographic Health Survey 2014 indicated that one out of five (18%) girls aged 15-19 years were pregnant or were already mothers. By February 2018, the County had approximately 203,094 teenagers.
In 2017, statistics from the United Nations Population Fund (UNFPA) indicated that 378,397 adolescents in Kenya aged between 10 and 19 got pregnant. It is this worrisome statistics that continues to wipe out the future young girls.
For the 11 years that Olive Nyawana has been a teacher at Dzitsoni Primary School, the school has never experienced high numbers of teen getting pregnant but in 2018 and 2019 the numbers came as a shock.
“Previously we’ll have one or none. In fact for the last four years preceding 2019 we had none. This year we have four who are candidates,” explains Olive.
Olive who is a guiding and counseling teacher interacts daily with the Rehema and Mbodze, teen mums from the school. She says that she has been encouraging them to continue with schooling.
“I continuously talk to parents to be supportive of their children till they finish school,” says Olive who is also the Deputy Chairperson of the Beacon Teacher Movement in Kilifi.
As a Beacon Teacher, she has undergone trainings on child protection and GBV laws that are supported by CREAW’s Haki Yetu Jukumu Letu project in Kilifi and Meru Counties.
In her guiding and counseling sessions, Olive has adopted the use of materials that are child friendly and fun to hold conversations with pupils in her school. She teaches them on age appropriate sexuality issues.
As a teacher she has nurtured an environment where pupils are free to approach her with any challenges they experiences at home and while in school.
“Aside from the speak-out boxes that we have installed in school, we also have session with the boys and girls so that they are able to speak out freely,” says Olive who is also the Deputy Chairperson of the Beacon Teacher Movement in Kilifi County.
But why so many teen mums?
The 2016 Plan International report cited the root causes of teenage pregnancies in Kilifi as cultural practices, poor parenting coupled with broken marriages, poverty and inadequate sex and family planning education.
On cultural practices, the research touched deeply on the issue of funeral discos. It also cited long-held beliefs that girls’ work is to give birth in the society upon reaching puberty. The report noted that it is regarded as normal when a teenage girl gets pregnant before marriage. Some girls are exposed to drunkards at their homesteads, where mnazi (palm wine) business is done. This is more so in rural areas, where strict rules of establishing palm wine clubs away from home are not followed.
Ending teen pregnancies
In the wake of this, duty bearers continue to grapple and ponder on the appropriate redress mechanisms. Recently, there have been talks of introduction of Comprehensive Sexuality Education (CSE) in schools to ensure healthy sexuality and reproductive lifestyles for adolescents as in countries like Netherlands, Switzerland and Denmark where such initiative has proven to be effective.
In 2014, a Reproductive Healthcare Bill was introduced in the Senate. The Bill sought to provide children as young as 10 with condoms and birth control pills. The bill also proposed unhindered access to CSE and confidential services to adolescents. Ideally this would have gone along way in building the knowledge of children on pregnancy among other reproductive health issues and as fate would have it, the Bill was shot down on grounds that it would promote moral decay.
Fast forward, here we are with the ballooning statistics on teenage mothers wiping out the potential of our girls. Who would blink first? Parents, government? And is the society ready to change and create room for unrestricted access to reproductive health services including information to the young ones?
The government of Kilifi is however well aware of the bigger problem that child pregnancy posits to the development of its citizens. As such, the County Government of Kilifi constituted a taskforce constituting line state and non-state actors to look into the matter.
“The culture of silence make it difficult for perpetrators to be held accountable and punished for their harmful actions. It shows how sexual violence against children has been normalized making it difficult to shield girls from sex predators especially at family level,” says Saumu Mwadime who has been representing Women on the Move Against (WIMA) GBV at the taskforce.
WIMA is women led accountability group that has been working closely with CREAW in educating communities and spearheading actions geared towards increasing transparency, responsiveness and accountability for public service delivery by the county governments.
As an anti-GBV crusader, Saumu notes, “even with the existing laws and policies to curb the menace, the roaring statistics on child pregnancy are nothing to write home about.” She says.
“I look forward to the Kilifi government enacting a gender based violence policy to ensure that the needs of survivors are well catered for and the vice mitigated,” adds Saumu.
Under the auspices of the Haki Yetu Jukumu Letu project supported by the Embassy of Netherlands in Kenya, CREAW has worked to empower women groups such as WIMA on gender based violence and the existing redress mechanisms postulated by the law. The knowledge to which they have used to sensitize communities to challenge norms and attitudes that promotes sexual violence against children and other forms of gender based violence.
Over the last three years, CREAW has been working within communities to end sexual violence among children among other forms of gender based violence. We have continuously engaged the custodians of culture to eliminate the barriers that put girls at harms way and build equitable societies for women and girls to realize their rights and thrive in their communities.
To address child pregnancies, WIMA members are continuously conversing with parents on good parenting skills. They have also been holding mentoring sessions in schools around Kilifi, speaking to girls on their sexual and reproductive health rights and way they can report sexual violations.
For girls who fell pregnant while in school like Kadzo, Rehema and Mbodze, WIMA members have formed a supportive system to address their needs while in school and at home. For example, they have approached the office of the Women Representative to sponsors girls like Kadzo to continue her education. This year alone, the Office of the Women Representative has sponsored 91 girls in various secondary schools through the affirmative action funds.
A 30 kilometers journey from Kilifi town leads us to Chasimba in Chonyi, one of the six Sub-Counties haboured within the oceanic County of Kilifi. It is about midday and the sun is warming up to usher us into a rather cool and conversational afternoon.
Over the roads, the greenery sight of maize plantations and the swaying palm trees that invokes the serendipity of freshness and harmony welcomes us to a village that has long reconciled with a past filled with crime. Incidences of GBV
It is here that wails of children and women enveloped the villages over the years and as Merceline Akinyi puts it; “not a day, not a week went by without the wails of children robbed off their innocence being heard in the nearby thickets.”
As a well known anti-GBV crusader in her village, Akinyi recounts the many nights women spent over at her home as they escaped from violent spouses. She tells the tale of the many cases of gender based violence (GBV) perpetrated by bodaboda riders yet the area lacked a fully functional police post to lock up perpetrators or safe shelters for survivors.
Today, hope is brought alive as the community gears to the opening of a newly established Chasimba police station; a first of the first since time immemorial. This has brought with itself a sense of safety and security among communities in the surrounding areas.
“The nearest police station we have ever had is located in Kilifi town; 25kms away. We had to travel miles away to report crime,” she says, adding “follow-up of cases becomes challenging with a transportation cost of Sh800 each day and most cases ends up being thrown out of court.”
It is a tale that Inspector Paul Achebi based Bando Salama DCC’s office in Chonyi knows to well. He grins as he narrates to us how Chasimba Police; located three kilometers away from where he sits has eased his work.
“Currently we do not have vehicles to transport suspects to Kijipwa where we have holding cells or to court. Most of the time we use bodabodas and run the risk of suspects escaping,” narrates Inspector Achebi.
Achebi tells us that he has had incidences where he uses his own car to support survivors to follow-up on their cases in court but he is happy that the Chasimba Police station will have all the infrastructure and resources needed to improve police response to criminal activities in the area. And so what did it take to get the police station?
Mwanajuma Kusa has lived in Chonyi since birth, she has lived through the insecurity and seen it all; how the bodaboda riders would slash to death residents, the cold bloodbaths by organized criminals like the outlawed Mombasa Republican Council (MRC)- calling for a responsive government to the needs of Coastal communities.
And the cases that add more salt to what Mwanajuma terms as the “evil that resides within the community” is the scourge of gender based violence that has left many homes broken, children left without mothers and fathers and many teenage girls defiled and impregnated by people well known to them: brothers, uncles, fathers and neighbours.
“We have a culture of ‘disco matanga’ that exposes girls to teenage pregnancies and sexually transmitted diseases. Despite the government outlawing such, the practice still persists in the community,” she says
Mwanajuma’s concern was to have a safer community for the many women and girls whose interest resides in her heart. As a member of Sauti Ya Wanawake, Chonyi Chapter, she gathered all the women to discus the issue of a police post being established a stone throw away from the villages.
“To gunner support, we first conversed with community members including the Kaya Elders. Together we agreed that we would approach the area Member of Parliament (MP),” recalls Mwanajuma.
She pauses and shifts to how it was challenging for them to stand before the Kaya Elders, knowing what the “traditions postulates”- voices of women are never taken into account. She says they stood firm and explained why it was time that the community got a fully-fledged police station. They needed to be heard not as “women” but as a community. It was a sigh of relief; their voices were heard and now they had a unity of purpose.
In the turns and sometimes postponement of meetings among the community and authorities, patience carried them through. “We knew even if it took years and ages, our call will be heeded,” she says.
In 2015, the MP would finally call for a meeting that included all the structures in the communities including the grassroots women leaders who have been at the forefront in the campaign. A committee was formed to fast-track the construction of the police post. Fast forward, in 2018 the dream of the community was born alive. Chasimba Police Station stands strong, tall and ready to kick. Addressing GBV
Inspector Achebi who has walked the journey with the women groups in the advocacies explains that he is happy with the network that the likes of Mwanajuma and Merceline have created.
He says, such network has helped in raising awareness on critical issues in the community. It is such that has helped changed the perceptions on issues of GBV and accorded women the strong voices to participate in spaces that were regarded as “male only.”
“In all honesty, it takes the community to create safe spaces for their coexistence. As a law enforcer, I have learnt that we should always create an understanding with each and every member of the community. I attend Chief barazas to listen to community concern and address their issues,” explains Achebi who is also the Chonyi Sub-County Commander.