We as the Coalition of Organizations Working on Sexual Violence in Kenya are appalled and deeply saddened by the revelations in the BBC One Panorama investigative report titled Sex for Work: The True Cost of Our Tea that aired on 20th February 2023.
On 17th May 2022, Hon. Justice Odunga of the Machakos High Court ruled that the mandatory minimum sentences provided by the Sexual Offences Act for sexual offences are unconstitutional and that they limit the discretion of the court to determine the appropriate sentence to impose. Consequently, various courts across Kenya are now faced with an overwhelming number of applications for resentencing by prisoners previously convicted of sexual offences. This precedent claws back on the gains made by women rights movements over the years to ensure that gender-based violence is treated with the urgency and weight it deserves.
We congratulate the newly elected governors for breaking the barriers and shattering the glass ceiling. This is an indication that Kenyans are making a shift from the patriarchal underpinnings that have long undermined prospects of women’s leadership in social, economic and political spaces.
We take great exception to the comments made by the Education Cabinet Secretary Prof George Magoha towards a female Muslim journalist on the 26th July 2022. While addressing a press conference, Magoha zeroed in on the female journalist asking, “who are you representing? If you are representing Al Shabaab, I will not answer you.”
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 Director[email protected]
Winfred OdaliCREAW Strategic Litigation Advocate[email protected]
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 ([email protected])
The untimely demise of the Olympian Agnes Tirop, who was allegedly stabbed to death by her husband Emmanuel Rotich on Wednesday, 13th October 2021 is unacceptable. Our condolences and deepest sympathies go out to her family and friends.
Centre for Rights Education and Awareness submits this memorandum to unequivocally support and endorse the appointment of Hon. Lady justice Martha Karambu Koome.
FOR IMMEDIATE RELEASE
28 April 2021
#Sitanyamazishwa: Constitutional Petition in the Employment and Labour Relations Court seeking redress for the violation of a former employee’s constitutional rights and sexual harassment
On 28 April 2021, the Centre for Rights Education and Awareness (CREAW) and the Initiative for Strategic Litigation in Africa have filed a petition for redress against RILEY SERVICES LTD to seek amends for violation of her Constitutional rights and sexual harassment.
Case background
In February 2018, a woman who was working as a security guard at Riley Security Services was sexually harassed by a senior manager in the building where she was assigned to guard. Riley Security Services was a service provider assigned to the Harambee Sacco Plaza. She reported the incident to the Head of Security in the building who advised her to report to her employer and the police. She reported the matter to the police who kept the matter pending under investigation. She further reported the incident to her employer who did not take any steps to provide amends for the violation she had endured. She was subsequently moved from her workplace, together with all the guards she was supervising, and was assigned administrative duties and her salary was reduced. Despite various pleas for redress, the employer only frustrated her and eventually asked her to leave employment.
Argument summary
A Constitutional Petition has been brought forward in the Employment and Labour Relations Court seeking redress for the violation of her rights. She seeks the horizontal application of her constitutional rights against her employer. Furthermore, the application seeks to expand the applicability of the law on sexual harassment to other persons within the employer’s control, even if not its employees. The petition seeks to ask the court to determine whether the employer and the alleged perpetrator failed to protect and uphold employee’s fundamental rights particularly, the right to equality and freedom from discrimination, right to human dignity, right to fair labour practices, and the right to fair administrative action.
“We believe that this case is not just about the violation of the client’s human rights but about the fiduciary responsibility of organisation’s to ensure the safety of their employees from sexual harassment from their clients”, said Advocate Beatrice Njeri
Case practice
The Initiative for Strategic Litigation in Africa (ISLA) is acting as advisors to counsel to the Centre for Rights Education and Awareness (CREAW) as part of the women’s economic and social rights programmatic intervention. CREAW is a national feminist women’s rights Non-Governmental Organization whose vision is to contribute to a just society where women and girls enjoy their full rights and live in dignity. Their mission is to champion, expand and actualize women’s and girls’ rights and social justice. In all proceedings, ISLA and CREAW will be represented by Advocate Beatrice Njeri who will be working with an alumnus of ISLA’s Feminist Litigation Network (FLN) Advocate Carolene Kituku. The case will be filed on Wednesday, 28 April 2021 in the Court of Kenya at the Nairobi Milimani Law Courts.
ends.
Join the conversation on social media by following:
Twitter: @ISLAfrica @CREAWKENYA
Facebook: @ISLAfrica @CREAWKENYA
Hashtag: #Sitanyamazishwa #WhoProtectsUs
For further enquiries kindly contact:
Beatrice Njeri
Tel: +254 720 230 206
Email: [email protected]
Carolene Kituku
Counsel for ISLA and CREAW
Tel: +254 71 026 1408
Email: [email protected]
Christine Ogutu
Communications Officer CREAW).
Cell: +254 724 961 386
Email: [email protected]
#Sitanyamazishwa #WhoProtectsUs
One week ago, the public were shocked by the disdainful comments made by former Homeboyz Radio Station presenters during a breakfast show aired on 25th of March, 2021. The comments condoned gender-based violence and placed the survivor at fault.
When a woman, or indeed, any other person survives gender-based violence, they expect empathy and justice and not blame, shame and stigma meant to further re-traumatize and stifle their voices into silence. Public broadcasting stations must not be used as a platform to victim shame. We call on Home Boyz and all broadcasting stations to take note of the Constitutional provision that requires the media to be responsible in their coverage of matters that touch on the safety, security and wellbeing of women and girls.
In the wake of the Home Boyz experience, we demand that all media houses adopt gender and zero violence tolerance policies that categorically provide for redress of violations, address gender biases and provide for balanced news reportage and media content.
Homeboyz situation is not an isolated case. In recent times sexism and misogynistic conversations have openly supported, made jokes, or sensationalized violence against women and girls, often diverting public attention from the perpetrators of such acts or not holding them accountable for their actions. Such actions only serve to perpetuate misogyny and discourages many victims from reporting cases of violence out of fear that they might be blamed for the harm meted on them or further victimized.
Any actions that promote or justify sexual violence do not stem sexual harassment and violence nationally. The mass media must play its role in eradicating the silent pandemic. During the corona pandemic, GBV cases have increased by 42 per cent. In this country, 47 per cent of women compared to three per cent men experience some form of Gender Based Violence. This violence also costs Kenya at Ksh 29 billion annually.
While supporting the rapid actions taken by the East African Breweries, Radio Africa Group management and the Communication Authority of Kenya, we urge the mass media industry to take up their critical and powerful role of promoting and protecting human rights.
Further, we call upon the media industry to:
We stand ready to work with media houses in Kenya to boost their responsibility in reporting on human rights violations and sensitize presenters/hosts on gender responsive broadcasting. We note that the issues surrounding the incident are layered and will require numerous actors to address and this, therefore, offers an impetus for accelerated efforts on the same.
This statement has been issued by four human rights organizations namely Coalition on Violence Against Women (COVAW), Amnesty International Kenya, Association of Media Women in Kenya (AMWIK) and the Center for Rights Education and Awareness (CREAW).
COVAW is an organization that focuses on influencing sustained engagement on violations conducted against women and girls in Kenya, with a focus on Gender Based Violence.
Amnesty International Kenya is an organization dedicated to securing human rights all over the world. Amnesty International Kenya works to protect people wherever justice, freedom, truth, and dignity are denied.
AMWIK is a non-profit membership organization for women journalists and communicators in Kenya. AMWIK is committed to enhancing the status of women in Kenya and Africa. AMWIK seeks to use the media to promote an informed and gender responsive society through a professional and transformative media in Kenya and Africa.
CREAW is a duly registered, national feminist women’s rights non-governmental organization whose vision is a just society where women and girls enjoy full rights and live in dignity.
Ms Wairimu Munyinyi Wahome – COVAW
Dr Dorothy Njoroge – AMWIK
Ms. Wangechi Wachira – CREAW
Mr Irungu Houghton – AMNESTY INTERNATIONAL KENYA
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