Can't pay, can't get justice: How GBV victims spend Sh100,000 to report abuse
Residents of Nganga Village in Bahati Constituency, Nakuru County, stage a protest demanding justice after a three-year-old girl was allegedly defiled and murdered early this year.
What you need to know:
- Gender-based violence is surging across counties, with Bomet reporting rising gang rapes and child exploitation by boda boda riders, while Samburu grapples with a foreign pedophile case involving multiple victims.
- Murang'a County has responded by implementing free medical services for GBV victims, though justice remains expensive nationwide with victims required to pay up to Sh100,000 for evidence collection and legal processes.
- Despite increased reporting of cases, 95 per cent of victims, mostly from poor backgrounds, struggle to access justice due to financial barriers and a system that often retraumatises survivors.
Cases of rape, defilement and gender-based violence (GBV) are surging across several counties, prompting authorities to implement varied measures to combat the crisis. From Bomet to Samburu and Murang'a, officials are grappling with increasing reports of abuse, particularly targeting minors and vulnerable populations, during this year's 16 Days of Activism against Gender-Based Violence campaign.
In Bomet County, security agencies have launched a comprehensive crackdown following alarming reports of sexual exploitation and GBV across its five sub-counties. County Commissioner Dr Ahmed Omar has directed chiefs, their assistants, Assistant County Commissioners, Deputy Commissioners and police officers to prioritise these cases, particularly during the ongoing school holidays.
"Gender-based violence has been on the rise in the sub counties of Bomet Central, Bomet East, Konoin, Chepalungu and Sotik – in what has led to teenage pregnancies. As a government, we would not allow this trend to go on," Dr Omar said after chairing a County Security meeting with County Police Commander Edward Imbwaga.
The situation in Bomet is particularly concerning, with boda boda riders identified as primary perpetrators who target children sent on errands to local shopping centres. Gang rapes, the administrator stated, had been reported in the region in what had become a matter of great concern to the authorities and members of the society.
The crisis is further complicated by the availability of drugs, including cannabis, to school-going children, leading to suspensions and expulsions in some learning institutions.
Dr Omar expressed frustration over some local chiefs' handling of these cases through informal village courts.
"I am warning administrators who have allowed the emerging cases to be handled in the villages by elders instead of forwarding it for action by the police, in what undermines the rights of the children and women who have fallen victims," he stated, promising disciplinary action against officials who fail to properly address such cases.
Meanwhile, in Samburu County, residents of Maralal town took to the streets protesting the arrest of a foreign national, Ulrich Karl-hein Flesch. The demonstrators, waving placards and chanting slogans, called for justice for the victims and demanded stringent measures to protect children in Samburu County. Flesch was apprehended earlier last week following accusations of sexual exploitation involving minors.
The arrest was made at a rented residential home in Yare village in Maralal after surveillance by the Directorate of Criminal Investigations (DCI) following a tip-off from the Interpol Crimes Against Children. Eight victims are currently receiving treatment at Samburu Referral Hospital.
The suspect was arraigned in the Maralal Law Courts last Monday, where detectives were granted permission to detain him for 14 days to facilitate further investigations. Prosecutors told the court that Flesch is alleged to have targeted multiple minors in the region and exploited them over an extended period. The court also heard that the suspect has pending cases in two different courts in the country.
"Our children are not safe, and somehow we want to blame parents for failing to protect their boy children," said Margaret Lengerded, an activist who participated in the protests.
Another children's rights activist, Peris Wamaitha, emphasised the need for immediate action: "This case highlights the urgent need for both public awareness and government intervention. We want the government to trace the victims so that they can be counselled accordingly."
Medical evidence
In Murang'a County, authorities have taken a progressive step by implementing zero-rated medical services for GBV victims in all public hospitals.
Governor Irungu Kang'ata has ordered that the Sh1,500 hospitals charge for the processing of P3 forms be waived for all minors and those with special needs. The P3 form captures medical evidence detailing the degree of injuries inflicted on the victim and serves as expert evidence in prosecuting suspects of attack, with the fees typically covering the attending medical officer's transport to court to testify.
The impact of this policy was evident in a recent case involving an eight-year-old girl who was allegedly defiled by a 40-year-old man in Maragua town. Youth, Culture and Sports Chief Executive Noah Gachucha visited the victim, whose hospital bill had reached Sh50,345.
"Likewise, the family is not registered in any health insurance scheme. The governor besides waiving the bill, will have the family registered with the Social Health Insurance Fund as per the new guidelines on provision of universal health care services," Mr Gachucha said.
The cost of pursuing justice remains a significant barrier for many victims.
Maragua MP Mary wa Maua highlighted that victims typically spend between Sh30,000 and Sh100,000 merely to assemble evidence and receive treatment, excluding legal representation costs. Additional expenses include DCI charges ranging from Sh5,000 to Sh12,000 per officer present, and post-mortem examination fees between Sh20,000 and Sh30,000.
Damaris Irungu, chairperson of the Central Region's Network for Advocacy Against Gender-Based Violence, called for more sensitive handling of GBV cases.
"Such cases should not be held in open courts given the demeaning, psychologically crushing and dehumanising details that judicial officers demand be uttered publicly," she argued.
She highlighted how victims are often required to avoid bathing or changing clothes before medical examination and face limited access to immediate medical care, especially at night.
Murang'a South Deputy County Commissioner Gitonga Murungi noted that approximately 95 per cent of sexual abuse victims come from humble backgrounds.
"The issue is made all the sadder by the fact that many of the victims are from humble backgrounds where their major worry is putting a meal on the table," he observed, "and it appears many criminals with brutal mind-sets are aware of the vulnerability in these families whose ability to access justice unless heavily monitored, made easy and friendly will risk making abuses a normal occurrence."
Social crisis
Proposed reforms include implementing mobile Occurrence Books for recording complaints at hospitals, establishing standby ambulances for GBV victims, creating safe houses, and developing a comprehensive support system throughout the justice process.
As Kenya continues to grapple with rising cases of GBV, Murang'a's approach of integrating medical care, legal support, and victim protection could serve as a model for other counties in addressing this complex social crisis.
As these counties continue to battle the rising tide of gender-based violence, the initiatives in Murang'a could serve as a model for other regions seeking to make justice more accessible to victims while ensuring proper support and care throughout the process.
