'Courts of sex': Public stigma that forced Judiciary to rename SGBV courts
The first specialised SGBV court was launched at Shanzu Law Courts in Mombasa.
What you need to know:
- Rebranded Gender Justice Courts fight stereotypes, expediting justice for victims of defilement and sexual violence.
- Gender Justice Courts further confront stigma, ensuring swift and fair trials for sexual violence survivors.
A palpable wave of excitement swept through the legal community when Chief Justice Martha Koome unveiled a specialised court at the Shanzu Law Courts in Mombasa County in March 2022, dedicated solely to addressing sexual and gender-based violence (SGBV) cases.
This marked a significant milestone in the tireless efforts of anti-SGBV campaigners, including steadfast women magistrates and judges, who had long advocated the establishment of such courts to expedite the often prolonged and traumatic legal processes surrounding defilement and rape.
The inaugural court's opening at Shanzu signified that their earnest pleas had finally been heard and, crucially, acted upon. In the wake of this momentous occasion, the Judiciary proceeded to establish four additional courts: two in Nairobi, namely Kibera and Makadara and the others in the more rural Siaya and Kisumu counties.
This development was further bolstered by the creation of similar registries in Meru, Nakuru, Kiambu, Machakos, Kisii, and Kitale, expanding the reach of justice across the nation.
However, what the Judiciary had not foreseen was the undercurrent of community perception surrounding these courts. “You’d hear the family of the accused person mock the victim and their family, derisively claiming they had taken their son to korti ya ngono (court of sex),” recounted a former prosecutor, now employed by an international organisation dedicated to supporting victims of sexual violence.
The stigma attached to these courts was profound, permeating even the ranks of the judicial officers. “Even the magistrates were not spared; they were derogatorily branded majaji wa korti ya ngono (magistrates of courts of sex). It was a traumatising experience for the victims, their families, and the judicial officers alike.”
In light of these distressing challenges, a comprehensive report was compiled detailing the adverse perceptions surrounding these courts and subsequently submitted to the Judiciary. This pivotal report played a crucial role in the Judiciary's decision to rebrand the courts, changing their designation from SGBV courts to the more palatable Gender Justice Courts.
“I sit on the case-types committee formed by the chief registrar of the Judiciary, and we realised that people in Mombasa were referring to the Shanzu SGBV court as korti ya ngono,” explained Hellen Onkwani, Senior Principal Magistrate in Makadara.
“We felt it was imperative to resolve to rename them to Gender Justice Courts, to foster a more positive and respectful perception within the community.”
