Our attention has been drawn to the defilement incident that took place at Moi Girls High School, Nairobi on the June 2. The Center for Rights Education and Awareness (CREAW) condemns in the strongest terms this heinous and barbaric act meted on girls from the school. Acts of defilement and other sexual offences are a violation of human rights and as such must never be accepted in our schools.
The alleged defilement incident adds up to the traumatic fire incident that happened late last year leaving nine students dead and scores injured. No one has since been held liable for the fire and the deaths that followed at the Moi Girls High School. Institutions of learning have a duty of care and protection of learners and must provide a safe space where girls are able to exercise their right to life and quality education without any harm.
The school administration, the Teachers Service Commission, the Ministry of Education as well as the Interior Ministry should take responsibility for the glaring loopholes in the school’s security system. We call on concerned institution to fast-track investigation and ensure that those responsible are brought to book and that justice is done to the survivor and her family.
We take cognisant of the swift action taken by the Minister for Education to shut down the school for a week to pave way for investigation however this is not enough as the defilement case raises more questions than answers. CREAW stands together with the survivors of the alleged defilement and their families and will lend its support to ensure that justice prevails for all the girls who are survivors of this alleged offence.
About CREAW
The Centre for Rights Education and Awareness (CREAW) is a feminist national non-governmental organisation founded in 1999 with a mission to champion, expand and actualise the rights of women and girls. Since its inception, the organisation has worked around interventions aimed at to creating public awareness on the rights of women and provision of free legal aid and psychosocial support to female survivors of sexual and gender based violence.
Wangechi Wachira
Executive Director,CREAW
Gender Based Violence Archives - Page 3 of 3 - CREAW KENYA
Gender Based Violence is a gross violation of human rights and should never be accepted or normalized. The Center for Rights Education and Awareness (CREAW) condemns in the strongest terms the assault witnessed at the Kiamariga Police station as seen on videos being circulated on various social media platforms and the mainstream media reports.
The information reaching CREAW and as seen on the video indicate that these heinous acts were committed in the presence of Mathira Member of Parliament Rigathi Gachagua and various police officers who seem not to be moved by the assault on the Observer – Martha Miano allegedly by the County Development Fund driver and therefore took no action! Such occurrence is regrettable from public officers who are under oath to carry themselves with honor and integrity.
We take note that this incident is not a unique case and that such incidences of violence against women continue to be on the rise. A recent report by GVRC indicates that over 4,000 cases of violence were reported in 2017. This acts dehumanize and take away the dignity and respect of our women. Therefore, the magnitude of the problem cannot continue to be ignored.
As an organization working to protect and promote the rights of women as enshrined in the Constitution, we strongly rebuke the savage and violent treatment accorded to Martha Miano. We therefore call upon the IEBC, Inspector General of Police and the Director of Public Prosecution to condemn this criminal act and take appropriate action immediately.
The Inspector General of Police should also ensure that Martha Miano is well protected while the perpetrator is out on bail.
Counselling and legal aid components are filling a critical gap in services at the community. CREAW provides GBV survivors with psycho-social counseling and advice on a wide range of issues ranging from spousal abuse and defilement, to family neglect. When requested by the survivor, case managers/counsellors usually provide couples counseling and counseling of the perpetrator(s) in the attempt to resolve problems in the family, and, prevent further abuse creating harmonious living.
In addition to providing legal advice and referrals, the legal component provide vital legal support activities, such as following up the status of court cases; liaising with the courts and criminal justice system; and providing court preparation and support to survivors testifying in court. In Kibera community, these types of services were not easily available to GBV survivors prior to CREAW.
CREAW has had a positive impact on survivors. Not only GBV survivors in the region access the service from CREAW but from other regions such as Mathare, Dandora and other parts of Nairobi. Those who have received services from CREAW, their lives have changed and they feel they are no longer victims but empowered survivors. A female survivor noted:
“I am free, happy and self-sustainable; if it was not of this organization I would be dead. I had gone through a lot in my family, when I heard of CREAW’s support from other survivors who were supported by CREAW, I visited them and that step changed my life completely. Since that time I am living well with my family. I will always refer people to CREAW, I have already referred 5 people, since I received the services in the past six months.”
Family institutions serve as basis for communal structures yet the scourge of violence between men and women as a result of inequality cultured by the gendered norms seems to tear down structures that build the communities. In the wake of the scourge, women and girls are mostly affected.
It is a tale that Catherine Wangui knows too well; in the wake of the 2007-08-post election violence her cousin was sexually assaulted and their property destroyed leaving them with no house to shelter.
Seeing her cousin go through the rape ordeal and not having the capacity to help opened her eyes to the issues of gender based violence (GBV) and its severity. Her resolve was to find solutions to what was ailing the communities living in Laini Saba village in Kibra.
“In Kibra the cases of rape and domestic violence seems to be rampant. Communities must be educated to rise above such crimes with adverse effects on women and girls. Violence is never a way of life but a catastrophe,” says Wangui.
Statistics from the UN Women indicates that an estimated 35 percent of women worldwide have experienced either physical or sexual violence perpetrated by an intimate partner or known partners at some points in their lives. Such cases not only affect the health and safety of women and girls but also lead to loss of lives.
The 2014 Kenya Demographic Health Survey defines gender based violence as any physical, sexual or psychological violence that occurs within the family or general community.
Today, Wangui is one of the benevolent anti-GBV champions who uses the SASA Model (community centered approach on behavior change) to sensitize and mobilize communities into action in addressing gender based violence from the household level to the communities.
The SASA! approach implemented in four phases; Start, Awareness, Support and Action aims to inspire, enable and structure effective community mobilization to prevent violence against women and HIV/AIDs. It questions the cultural norms surrounding GBV and ultimately works towards preventing gender based violence and its connection to prevalence of HIV/AIDS.
The program is being implemented by CREAW in partnership with the Embassy of Finland and additional support from the Jewish World Service (AJWS) . Much of the work entails working directly with community activists to create awareness, challenge the attitudes, behaviours and cultural practices that negatively impact women and girls around five villages of Kibra. The villages include: Lindi, Laini Saba, Makina Kianda and Gatwekera.
“It is important that GBV issues are addressed at the grassroots level where power is the root cause of negative social norms, attitudes and cultures that negatively affect relations between men and women, “explains Aggrey Okan’ga, a community activist from Lindi Village.
Okan’ga notes, “even though the knowledge on GBV exists among people living in Kibra, it is yet to translate into change in attitudes and behaviours of communities. Instead, communities choose to normalize early marriages, domestic violence and child exploitations as common and acceptable practice. The more reason, why we need to sustain the momentum in educating communities to stem such practices.”
Like Wangui, Okan’ga also underwent the capacity building trainings that were supported by CREAW. To acquire the tittles community activists come mentors trained annually and armed with tools that help them to engage communities in conversations that seek to change not just their knowledge but also their attitudes, skills and behaviours which are replicated in what they say and in their actions.
The SASA model works with a network of community activists who are well known in the community and the work that they do. They are regarded as community leaders hence act as the key points of referral on GBV cases across the five villages where the program is being implemented.
To influence change, Okan’ga has been engaging community opinion shapers like chiefs, village elders, religious leaders, women leaders and the youth in community discussions to challenge power imbalances in the family units.
“As activist we reach at least 300 community members per village through the forums. The meetings are structured in such a way that we reach the participants either in their formal or informal settings. Our discussions are normally held in the market place, sports grounds or churches, mosques and schools, and other ‘spaces where small groups of people meet and engage in ‘small talk’ on current affairs and things that they are unhappy about;” explains Okan’ga
“As result of the engagement in the community the number of referrals form the community has improved. We get calls from families in distress, mothers whose children have been affected by sexual violence or those who have marital concerns regarding custody of children,” Pauline Aroko, CREAW Case Officer in Kibra.
She says the case officers are often called upon to mediate on family feuds and support the warring groups to come to an amicable agreement especially on the care and protection of their children.
“We have also been able to create a good working relationship with the GBV service providers that has efficiently improved the referral system and aided the efficiency in the follow-up of cases and the provision of services to the GBV survivors,” Aroko explains.
We meet Caren Ruto at the Nchiiru Police Station and she quickly usher us in to the Gender Desk office and offers us seats with a warm smile and gentle spirits; a gesture that takes away the distress and stress that is usually associated with visiting a police station.
The Gender Desk office is unique and one is quick to notice the walls which are neatly painted in white; the walls come alive with informational posters designed to provide useful information on gender based violence referral pathways to the survivors who visit the office for help.
Caren is among the 38 police officers from Meru County who were trained on GBV related laws and efficient handling of GBV cases with an aim to equip them with the necessary skills to properly document and store evidence from the first point of reporting or initial contact to ensuring the survivors get appropriate response in the referral system.
“After the trainings I came back and shared the information with fellow officers who are now more sensitive to the survivors of GBV. Through that, the male officers manning the reception desk now refer survivors to the gender desk for help. Previously, survivors would come but shy away from reporting,” she notes.
A few kilometers away in Kariene, resides Susan Achieng; a police Copral whose work also bore resemblance to that of Caren. Both of them are charged with the duty of supporting GBV survivors at the police gender desks in their respective stations.
For Susan, her duties go beyond the call of office; she has taken it upon herself to create awareness on GBV issues among communities living in Munjwa Village, Imenti Central Sub-County. “It is my duty to let the communities know what I do in the gender desk as police officer; I work for the general public. And if they do not know what I do then I think I am not well placed,” she says
At the village level she works with the local administration structures like Chiefs to organize community Barazas that bring on board men and women from across the villages. Chiefs are well known at the community level and are often the first point of referral to GBV cases.
“When we go to the community we discuss the sexual offences that occur including all the other forms of GBV like FGM and Domestic Violence. I have a village that is prone to defilements and rape that we are working to increase vigilance and bring perpetrators to book as well as make communities understand that such crimes are against the law and should not be solved out of court,” Susan explains.
She adds: “We tell them what to do when affected by sexual offence and how they can report. Some survivors keep quiet because of the stigma associated with rape, defilement and domestic violence.”
She says at first she was just a normal police officer but when CREAW came on board and organized for trainings for police officers stationed in Meru County she came to understand the importance of going to the in-depths when investigating GBV cases to have solid evidence for successful prosecution.
“We have what is called Tamman where we come together as officers to discuss the emerging issues and the needed response. I shared what I had learnt with them and the reaction was positive. They were eager to learn and wanted to know more,”
Even though her advocacies in the community continue to gain momentum; Susan expresses concern over the lack of safe shelters for the survivors of gender based violence that has forced her to sometime stay with the survivors to protect them from repeated attacks.
Through the Haki Yetu, Jukumu Letu (Our rights, our responsibility) initiative anchored within the Access to Justice program, the Center for Rights, Education and Awareness (CREAW) has been working to strengthen the capacity of police officers to effectively investigate and prosecute offenders. The trainings targets police officers who mans the gender desks and crime office with an aim to enhance their knowledge and skills on documentation, proper storage and handling of GBV exhibits as well as proper ways to create networks and linkages in the grassroots and with key actors working on the prevention and response to gender based violence in the larger Meru County.
The Constitution of Kenya 2010 ushered in a new era for the judicial systems in Kenya. It provided for the establishment of the Court Users Committees (CUCs) at the National and County level. This was to provide a platform for key actors in the administration of justice and the public to participate in efforts to strengthen the judicial processes as well as create solutions to the challenges in the delivery of justice.
Prior to the constitutional dispensation, there existed low public confidence in the judiciary associated with the long and complicated judicial processes especially when it came to matters gender based violence and the laws that prohibit acts of domestic violence, female genital mutilation and sexual offences. These problems also included the corruption that compromised judicial officers; the technicalities involved in the administration of justice and lack of clear communication or feedback channels between the judiciary and the consumers of justice.
It is against this backdrop that CREAW works with CUCs in Meru and Kilifi counties with an aim to ensure that due process of the law is followed for GBV cases and matters are handled in a timely manner. Through the Haki Yetu, Jukumu Letu project, CREAW has been sensitising the CUC members who include state and non-state actors on gender based violence issues with an aim to bridge the gaps that exists in addressing such cases among the judicial officers and communities.
“The CUC has created an enabling environment for us to discuss issues that affects communities on daily basis. We not only prioritize on GBV issues but also on issues of succession and land,” said Harrison Wachira who is a Prosecutor at the Githongo law Courts in Meru County.
The key actors who constitutes the Githongo Law Courts CUC includes the police, civil society organizations, local administration, Magistrates among many others.
During the first one year of project implementation, CREAW worked to train members of the CUC on their roles in expediting justices and coordination mechanism that went in line to strengthen the GBV referral pathways within the lager Meru.
Wachira explains that at the Githongo Law Courts most cases that are reported are on sexual offences and physical assault that are sometimes associated with fights in liquor dens and issues of land and succession between among married couples.
“The CUC meets quarterly with key agendas generated by the members depending on the prevailing circumstances and the matters that are arising in the community. Currently the sexual offences have gone up; for the period of November and January many cases of defilement were reported making it our major agenda when we will be having our next meeting for the first quarter of 2018,” Wachira adds.
The CUCs works with the local administration structures who are also members and the first point of referral on GBV cases and crime committed in the villages to sensitize communities during the weekly barazas with an aim to empower communities to provide support to GBV survivors and ensure their rights are upheld at all times.
“The sensitization in the community has improved the way in which communities report cases. The impacts to which have been reflected in the decrease of sexual offences reported within Githongo and Nkubu areas,” notes Wachira.
According to the data from the Court registries, Nkubu Law Courts registered 43 cases of sexual offences in 2016. The number has however gone down to 32 in 2017; a reduction attributed to the increased gender sensitivity, responsiveness and interdisciplinary engagement of the court with other stakeholders where the magistrates have also initiated public baraza at the grassroots.
“When in the communities without the Court uniforms the communities are able to share their felt needs and problems without any fear. We interact and they are able to share their experiences and challenges in the households,” says Wachira.
He adds that “Educated communities will rarely engage in acts of violence and therefore it is critical that the momentum is sustained in sensitizing the community on issues such as defilement and domestic violence that has for a long time affecting many school going children.”
The patriarchal nature of communities living in the larger Meru County is however an impediment to the anti-GBV war. “The gendered norms and practices does not take into consideration the right of women to inherit matrimonial properties. People still feel that women have no right to inherit land hence the squabbles between men and women,” he notes.
When one thinks about Meru County, one gets the image of undulating hills covered with lush green vegetation of crops and natural forests sandwiched between the expansive Mount Kenya escapements; a picturesque depicting a region at peace with itself.
This is however a disguise to the scars of pain and anguish experienced by young girls as a result of the high prevalence of gender based violence (GBV) that has become part of the fabric of communities. The repercussions that not only render them into early motherhood but also compromise their health and security.
The National Crime Research in 2015 cited Meru County as one of the areas with increased cases of violence against women and girls. Among the GBV cases reported, Meru County reported 34.9% of killings and murder of survivors as compared to Nakuru and and Nyeri with a prevalence of 15.2% and 9.5% respectively.
It is against this backdrop that CREAW in partnership with the Embassy of Netherlands has been implementing a project dubbed Haki Yetu, Jukumu Letu (Our Rights, Our Responsibility) with an aim to stem out gender-based violence and keep girls in school.
The project that is in its first year of implementation seeks to strengthen the capacity of duty bearers on GBV prevention and response. Key among those targeted are headteachers among other duty bearers from across sectors in Meru and Kilifi Counties.
“After attending the trainings I went back and shared the knowledge with my pupils and other teachers. Since then, the pupils are opening up on the issues of violation on their rights both at home and in school,” explains Mugambi who was one of the teachers trained on how to handle the sporadic GBV cases meted on school going children.
“Before the trainings, the knowledge I had was just about the everyday curriculum. With the trainings, the management of the school operations has also become so easy,” he adds.
The trainings which are done in partnership with the Teachers Service Commission (TSC) focuses on issues of child protection, reporting procedures, investigation, collection and the preservation of evidence as well as the general judicial procedures.
Ankamia Primary School with an enrolment of 635 pupils in 2017 is not new to instances of defilements and teenage pregnancies. In 2017, the school reported one incidence of teenage pregnancy and children defiled by people known to them in the nearby villages.
“Recently there was a child who was defiled by a neighbour. When she came to school in the afternoon I noticed she was disturbed and was not able to concentrate in class. I first engaged female teachers to talk to her but she did not speak out. When I called her and encouraged her, she narrated her ordeals at the hands of the perpetrator that occurred earlier in the day,” he recalls.
“My first point of action was to go to police station and also to the girl for medical examination which turned out to be positive for rape. The matter is now in court but we continue to offer psychosocial support to her through our guiding and counselling teachers,” Mugambi explains.
Mugambi has so far put up speak out box to enable children open up on the issues that affects their everyday learning environment. The Speak-Out box, placed in a strategic place enables pupils to speak with confidentiality without having to shy away for fear of being recognized by peers.
“Last year there were class eight pupil who was found with a knife in school. I got wind of the information through other pupils who also said the said pupil was selling drugs in school. Since then we held various talks with the pupils theming the topics on issues of drugs and substance abuse within the health clubs to create awareness on the negative effects of drugs and how it affects performance. This year everything has started well and there are no major issues of indiscipline,” he explains.
Today, Mugambi says most of the issues found in the speak-out box are the issues of bodaboda riders luring girls with gifts to offer sexual favours when the are going and coming from school. We have also seen issues of drug abuse and domestic violence within the families in the villages bordering the school.
“My plan of action this year is to have teachers compose poems and plays that mirrors the society on issues of gender based violence for the music festivals. This will help sustain the sensitization efforts in school and to enable pupils understand how they can protect themselves from violations as well as get help,” he says.
GBV among children especially girls includes psychological abuse, defilement, child neglect and bullying from teachers and other pupils in school. It also includes practices such as the female genital cutting, which is performed as a right of passage to adulthood among communities.
Ankamia School also boasts of a counselling club that has a vital role in aiding discipline of school going children through talks that creates a positive tilt in their behaviours, academic and social growth.
Gender based violence is one of the most prevalent human rights violations not only in Kenya but across various parts of the developing world. It knows no social, economic, class or cultural confinement and status. It occurs in families, schools, work places, social structures and communities regardless of one’s religion, gender, race, creed or political persuasion and inclinations. Women and girls, and to a lesser degree men and boys, either directly and or indirectly experience or face the impact of some form of gender based violence. Gender based violence involves a wide variety of agents and actors from intimate partners and family members, to strangers and institutional actors such as teachers, pastors, office managers, seniors leaders, religious leaders and the police. Despite its adverse effects on the survivors, gender based violence (GBV) is still the least talked about violation of mainly women’s and girl’s human rights. It remains largely unreported or in reported instances, retracted and “amicably” settled.
Haki Yetu, Jukumu Letu – CREAWKENYA (1st Quarter 2018) by Centre for Rights Education and Awareness on Scribd