A Look At Kenya's Gender Justice Courts
A relatively new development in Kenya’s legal landscape aims to address the issue of gender based violence through the judicial system. Gender Justice Courts, specifically known as Specialized Sexual and Gender Based Violence (SGBV) Courts, were established to expedite the handling of cases that involve sexual and gender based violence.
The aim of the SGBV Courts is to improve access to justice for victims who are mainly women and children. They seek to reduce the backlog of SGBV cases in the mainstream Judicial system where delays and challenges in evidence collection have historically led to significant barriers to justice for survivors. The 2010 Constitution emphasizes human rights and gender equality, setting the stage for legal measures like these specialized courts.
The first SGBV Court was launched at Shanzu Law Courts in Mombasa on the 10th of March, 2022. This was followed by additional courts in Siaya and Kisumu later in 2023. Chief Justice Martha Koome has used the establishment of these courts as part of her vision for “Social Transformation through Access to Justice”, which aims to dismantle barriers preventing victims from seeking justice.
Structure and Functioning of Gender Justice Courts
The SGBV Courts have Judges and staff trained specifically in handling sensitive SGBV cases. This training covers the psychological, social and legal intricacies of these cases, promoting an approach that takes into account the trauma of the victim.
A key feature of SGBV Courts is the streamlined case management that expedites the normal court processes to reduce delays, resulting in faster case resolutions. This differs from regular courts where cases can be delayed for years due to backlogs and procedural complexities.
As part of the expedited process, the SGBV Courts work closely with forensic and medical facilities, enhancing the quality and speed of evidence collection. This is crucial in SGBV cases where delayed evidence collection can weaken a case.
Beyond legal procedures, the SGBV Courts also coordinate with various service providers to support survivors with medical, psychological and social services. This comprehensive approach aims to protect the survivor’s dignity and to avoid retraumatization during the legal process. For example, these courts often include private and secure spaces where survivors can provide testimony away from the perpetrators, ensuring a safer and more supportive environment.
The SGBV Courts often work with communities to raise awareness about sexual and gender based violence. They collaborate with local organizations, NGO’s and some law enforcement agencies to educate the public on recognizing, reporting and addressing SGBV. This outreach includes workshops, public forums and media campaigns. The aim is to reduce stigma, promote reporting and encourage community support for survivors.
Impact of the Gender Justice Courts:
The establishment of these SGBV Courts in Kenya has brought about significant changes to how SGBV cases are handled in the Judicial System. These specialized courts have demonstrated considerable success in addressing the efficiency of case processing. Matters that previously languished in the system for years are now being resolved in months.
One of the most significant impacts has been the increased willingness of survivors to report SGBV cases. The courts have created an environment where survivors feel more protected and supported, leading to higher reporting rates and fewer case withdrawals. The courts have also implemented measures to protect witnesses from intimidation, further strengthening the judicial process.
Higher conviction rates for SGBV offenses points to a much better quality of justice. This can be attributed to better evidence handling, thorough investigations and a more consistent application of the relevant laws. The specialized nature of these courts has allowed for the development of expertise among judicial officers, leading to a more informed handling of SGBV cases.
The survivor centric approach adopted by these courts has been particularly impactful. Survivors now experience less secondary trauma during legal proceedings thanks to enhanced protection measures and better coordinated support services. This has led to increased confidence in the justice system among survivors and their communities.
Challenges being faced by Gender Justice Courts:
Despite these positive developments, several challenges persist. Geographic coverage remains a significant concern, with many rural areas still lacking access to these specialized courts. Resource constraints have also hampered full implementation, with insufficient funding and a limited number of trained personnel affecting the courts’ operations. Additionally, some facilities lack adequate infrastructure to provide the full range of intended services.
Societal barriers continue to pose challenges to the courts’ effectiveness. Cultural practices and traditional beliefs sometimes discourage formal legal proceedings, and family pressure to withdraw cases remains a significant obstacle. Stigma surrounding SGBV can also affect the reporting rates in many communities.
Implementation challenges also persist, particularly regarding the need for more specialized training for court personnel and better coordination between different agencies involved in SGBV case management. There is also a need to increase public awareness about the existence of these courts and their procedures in order to ensure maximum utilization of their services.
Despite these challenges, the Gender Justice Courts represent a significant step forward in Kenya’s fight against sexual and gender-based violence. Their impact, while still evolving, demonstrates the value of specialized judicial approaches in addressing complex social issues like SGBV.
