You are currently viewing Justice Delayed, Justice Denied: The SRHR Cost of a Failing Justice System  

Justice Delayed, Justice Denied: The SRHR Cost of a Failing Justice System  

  • Post comments:0 Comments
By Rodney Alubokho

This week, attention again shifted to Sharon Otieno’s open case, a student at a local university murdered in 2018. Ex-Migori Governor Okoth Obado and two others charged with her murder will have their fates decided in July of this year, almost six years after Sharon’s killing. The long delay has revived countrywide debate on how Kenya’s justice system tackles—and fails to tackle—cases of gender-based violence (GBV) and sexual and reproductive health rights (SRHR).  

Reports indicate that the murder trial, whose high profile had raised hopes for a prompt conclusion, has been delayed repeatedly. Obado reportedly had a relationship with Sharon, who was seven months pregnant at the time of her murder. The manner in which her fate was sealed highlights how power dynamics as well as gender-based violence converge, particularly for such young women in complicated relationships.  

GBV is a pervasive problem in Kenya. According to the 2022 Kenya Demographic and Health Survey, 34% of women aged 15–49 have suffered physical violence, and 13% have suffered sexual violence. Although the country has legal avenues for addressing GBV, such as the Sexual Offences Act and the Victim Protection Act, their implementation is sporadic. A 2023 policy brief by FIDA Kenya outlines how delays, corruption, and failure to support survivors continue to compromise the system.  

Discussing the matter in 2023, then-Chief Justice Martha Koome recognized the problem: “The judiciary is striving to clear the backlog in sexual and gender-based violence cases by setting up specialized courts, but we require cooperation from all justice players for actual impact.” This admission is an expression of a deeper systemic complacency that continues to let down survivors.  

The Sharon Otieno case is not unique but rather an indicator of national complacency in reacting to GBV. Each one of these delays sends a frightening signal to survivors: that perhaps justice will never materialize. And the delay has direct ramifications on SRHR—survivors become stigmatized, traumatized, and have reduced access to services.  

Timely justice is not only an issue of law—timely justice is a public health priority. Kenya must ensure the swift and impartial movement of justice to effectively promote SRHR and protect its youth.

Written by: Rodney Alubokho | Youth Advocate | NAYA