By Mercy Robi, Millicent Mwita

Despite the existence of legal frameworks aimed at granting justice to survivors of gender-based
violence, a lot of rape cases often remain undisclosed, unreported, and unrecorded in most health
centers across the nation. The widespread underreporting of rape cases highlights notable obstacles
that survivors encounter when seeking justice. Shockingly, only a mere 5 rape cases are reported to
each court yearly, a stark fraction of the actual incidents occurring.
Rape is a profoundly traumatic crime, yet many survivors are deterred from reporting it due to fear
of stigma and intimidating legal systems that also barely punish perpetrators. Despite increased
awareness and advocacy, the shadows of shame and fear continue to overshadow survivors,
preventing them from stepping forward and reporting these violations. Even for those who muster
the courage to seek justice, the looming threat of the kangaroo courts presents another formidable
obstacle, eroding the essence of fair trials and perpetuating a cycle of impunity.
Countless survivors grapple with the decision to report rape, fearing judgement and re-
traumatization. Societal attitudes towards speaking about rape and the systematic failures worsen
their plight, often leaving them unsupported and isolated. In many instances, survivors opt for
silence rather than navigating a perceivably hostile legal system.
Kangaroo courts, informal bodies within many societies around Kenya, pose a persistent threat to
justice due to their lack of due processes. Driven by prejudice, corruption, cheap consensus, and
vested interests, they wield arbitrary power, perpetuating impunity and inflicting further harm on
survivors. They undermine the integrity of the legal system in the pursuit of truth and accountability
denying survivors their rights and forcing some into marriages with their perpetrators, resulting in a
continuous cycle of trauma.
To empower survivors, we must foster a culture of empathy and support, condemn victim blaming
and providing comprehensive victim support services and legal ais to navigate the court process with
confidence and dignity. Educating and raising awareness about reporting rape cases, the legal
procedure involved, and ensuring the functionality of the legal systems are crucial steps to encourage
survivors to come forward and report these cases.
There is an urgent need for the establishment of clear referral pathways to facilitate reporting of
gender-based violence rape being a primary concern. Designated points in every subcounty should
be established where survivors can report and receive immediate support. Moreover, implementing a
feedback system to gather survivors’ input on the reporting experience can help identify factors
contributing to underreporting of rape cases.
Addressing kangaroo courts requires strengthening legal mechanisms by adopting judicial oversight
in the process and also holding the perpetrators of this injustice accountable. Addressing
underreporting of rape cases needs adoption of the survivor-centered approach that prioritizes the
safety and well-being of survivors on the road to recovery and justice.