Nairobi — Chief Justice Martha Koome has endorsed recommendations by a Judiciary committee to rename the specialised Sexual and Gender-Based Violence (SGBV) Court, the Gender Justice Court.
This, according to the Chief Justice, will promote a survivor-centred approach since it places the rights, needs, safety, dignity and well- being of survivors at the centre of all prevention and response measures concerning SGBV.
"The overarching aim is to have specialised courts designed to address cases of SGBV efficiently and sensitively. These courts are a response to the pressing need for a justice system that is informed by the traumatic impacts of SGBV and prioritises the safety, dignity and rights of survivors," CJ Koome affirmed.
The Chief Justice was speaking at a meeting to validate Case Types and Practice Directions for the SGBV Court, following publication of a report by the Committee on the Definition of Case Types for the SBGV Court.
The Committee, which was chaired by High Court Registrar Clara Otieno-Omondi, recommended the court's name change, to be known in Kiswahili as 'Mahakama ya Haki ya Kijinsia.' after considering challenges experienced by court users at the Shanzu SGBV Court.
The Committee was formed last year to streamline the operations of the specialised court. Among issues it considered was to define what constitutes SGBV cases, come up with a criterion to determine the case types to be tried by the courts, consider whether the name of the court is appropriate and outline the role of the court in protecting survivors and witnesses.
12 Gender Justice Courts
The first SGBV Court was established in March 2022, in Shanzu, Mombasa. By July 2023, 11 more courts had been rolled out in Siaya, Kisumu, Kibera, Makadara, Meru, Nakuru, Kiambu, Machakos, Kisii, Kitale and Kakamega.
Last year, the Chief Justice also launched the electronic Convicted Sexual Offenders Register, which serves as a crucial database that holds the records of all convicted sexual offenders countrywide.
According to the 2022 Kenya Demographic and Health Survey Report, Gender Based Violence there is widespread prevalence of SGBV in Kenya impacting women, men and children.
The survey shows that 34 per cent of women report experiencing physical violence since the age of 15 with intimate partners being the most common perpetrators at 54 per cent, while 13 per cent of women and 7 per cent of men experience sexual violence in their lifetime.
Chief Justice Koome said the Judiciary aims to equip the 12 gazetted Gender Justice Courts countrywide with facilities that ensure the comfort and safety of survivors.
"The Judiciary is committed to facilitating access to comprehensive support services for survivors, including legal aid, counselling, medical care, and social support. These services are crucial for helping survivors recover while they navigate the legal process," CJ Koome emphasised.
Sensitivity in handling survivors
The Social Transformation through Access to Justice (STAJ) 10-year Blueprint that was launched last November prioritises access to justice for marginalised and vulnerable groups.
The Chief Justice made a commitment for magistrates and court staff working in the courts to receive specialised training covering legal aspects, sensitivity in handling survivors, understanding the dynamics of abuse, and the importance of a supportive court environment
"The aim is for the court personnel to also receive requisite counselling before, during and after hearing these matters," she assured.
She tasked all judicial officers and staff familiarise themselves with the Judiciary SGBV Strategy and implement active case management in such cases to ensure their timely resolution.
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"These courts will strive to fast-track proceedings to reduce the emotional strain on survivors and to prevent unnecessary delays that can exacerbate their trauma," she stressed.
In addition, the courts will prioritise the confidentiality and privacy of the proceedings to protect the identity and dignity of survivors and deliver on the Judiciary's promise to ensure people-centred justice.
"Survivors should not be revictimized through judicial processes. The Judiciary will secure the dignity of litigants who appear before it and will be sensitive to their protection and other special needs," the CJ assured.
The committee gathered views from the Office of the Director of Public Prosecutions, the Department of Children Services, Probation and Aftercare Service, National Police Service, National Prisons Service, Law of Kenya, Court Users Committee, and members of the public.
