By Stephen Maginga-Gisiri
Access to justice remains a fundamental human right that should be enjoyed by every person globally, according to the Universal Declaration of Human Rights. However, in Kenya, this is not the case, as survivors of gender-based violence (GBV) often encounter numerous barriers in their struggle to access justice. The difficulties experienced in navigating through a tedious chain of referrals not only delay justice but also dim the chances of obtaining timely justice.
Defilement, rape, and harassment are just a few among many forms of violence often infringing the rights of many citizens in the society. The survivors of these forms of sexual violence are often impeded by multiple obstacles as they seek assistance, ranging from interactions with uninformed law enforcers and healthcare providers to difficulties in accessing legal services and related support. The journey is always hindered by a long chain of questions that wastes time testing the credibility regarding the violence rather than taking prompt action to ensure the safety of the survivor and avoidance of problems.
Breaking the long chain of the referral process can significantly impact survivors’ ability to seek justice. By reducing the number of steps and creating a more direct route to necessary services, survivors can avoid the long chain of obstacles and access timely justice and assistance. Timely support can significantly mitigate the long-term effects of trauma and the suffering of the survivors. Section 48 of the 2010 Kenyan Constitution guarantees the right to access justice and protection from violence for all citizens, including survivors of GBV. However, the current system of referrals often undermines these constitutional provisions by creating barriers to justice.
The journey towards accessing timely justice for the survivors presents numerous challenges including lack of centralized referral systems, insufficient funding to facilitate the justice system and GBV support services for survivors, and lack of knowledge and information by law enforcers and community stakeholders on handling GBV cases. To address these challenges, several measures should be implemented including establishing specialized violence-recovery units within law enforcement agencies to ensure that cases are handled sensitively and efficiently. Moreover, comprehensive training programs for personnel across different sectors of the justice system are crucial to equip them with the necessary skills to recognize and respond to GBV cases effectively. Furthermore, creating centralized referral systems that facilitate smooth coordination between agencies and service providers can ease the process for survivors to access timely justice. Additionally, allocating funding for GBV mitigation and support services in county budgetary allocations is essential to ensure effective assistance for survivors in need. Lastly, enhancing public awareness campaigns to educate the community about available resources and encourage reporting of GBV incidents without fear of judgment can contribute to a more supportive environment for survivors.
The solutions, upon close collaborations between the policymakers, law enforcement agencies, healthcare providers, and civil society organizations, we can create an efficient system that truly serves the needs of survivors and upholds their rights under the law.
