ISLA Archives - CREAWKENYA

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July 7, 2022by CREAW

 

 

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]

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April 28, 2021by CREAW

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.

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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