Once bitten, twice shy: Women demand chaos-free polls

Jacqueline Mutere in July 2020 narrated how she underwent a rape ordeal at the hands of a man she knew well in Kibera slums, Nairobi, at the height of the 2007/08 post-election violence.

She conceived and later gave birth to a daughter, whom she struggled to accept.

Sharing her story during a Webinar, titled Prosecution of Sexual and Gender Based Violence in Kenya and organised by the International Commission of Jurist (ICJ Kenya), Mutere regretted that 13 years after she was violated, her quest for justice has yet to bear fruit even as the perpetrator continued to roam scot-free.

Ms Mutere recalled how her quest to get justice hit a brick wall after she went to report the matter at a police station and she was turned away by officers, who told her they were occupied trying to contain violence that had erupted in some parts of the city.

“It was very heartbreaking for me and I vowed never to go back to the police station again. I went to the hospital and faced the same fate. I was unable to get justice that I badly needed,” she said.

Trauma

The sexual violence survivor recounted how she underwent a lot of pain and trauma for three years before she finally overcame the horrifying ordeal.

“Many women were violated, with some being gang-raped by civilians and police officers. Almost all of them opted not to report the matter as they were not sure they would get justice,” she told participants.

She added that the pain, trauma, rejection and stigma she faced from friends, relatives and neighbours prevented many victims from reporting, thus shutting the doors on justice.

As a result, Jaqueline started Grace Agenda, a community-based organisation, to support survivors of sexual violence, particularly women struggling to raise children born from rape. 

She has been working with women, who, like her, have experienced sexual violence during protests emanating from the announcement of presidential results.

In April 2019, Ms Mutere received an award from Physicians for Human Rights recognising her role in working with survivors of sexual violence.

The case was no different for a widow from Obunga estate in Kisumu County who, in 2018, moved human rights investigators to tears as she narrated her horrifying ordeal at the hands of police officers when chaos broke out following the disputed presidential election in 2017.

She recounted to Kenya National Commission on Human Rights (KNCHR) officials how she was repeatedly raped even after telling the officers that she was HIV positive.

“I pleaded with them not to harm me, but they tore my lesso and abused me in the house I shared with my grandchildren,” she recalled.

Threats

Her attempts to resist the assault, she said, were met with threats from one of the officers who said he would use his baton if she refused to comply.

Such are just but a tip of the iceberg of the horrifying ordeals women and girls undergo during the election violence that normally precede or follow general elections.

As a result of such horrendous cases, a Pan-African organisation is determined to change the tide. Alliances for Africa, a body championing human rights and peace, is exerting pressure on the government to promote and protect women’s rights.

The organisation presented its statement to the African Commission on Human and Peoples’ Rights during the convening of the commission’s ordinary sessions that commenced last month and are due to end on May 13.

The body, which comprises more than 60 rights organisations, wants the commission to pressure the Kenyan government to put in place prevention measures for violence, including election-related sexual violence, to ensure legal frameworks are implemented to curb the recurrence of these violations and the impunity enjoyed by perpetrators.

Previous Kenyan elections have been marred by violence against women and girls, perpetrated by law enforcers, organised criminal groups and militias, and other violent criminals who take advantage of the ensuing chaos occasioned by election-related conflict.

In February, the International Federation for Human Rights (FIDH) and Kenya Human Rights Commission (KHRC) issued warnings that sexual and gender-based violence (SGBV) crimes could be committed in the run-up to and during the August 9 general election.

In a report released on January 18, the human rights defenders expressed concern that, unless the government takes urgent and concrete measures, SGBV will likely recur.

Testimonies collected during their investigations shows sexual violence, including gang rape, was used as a political weapon during the 2007 and 2017 elections.

Intimidation tool

Angelina Cikanda, a programme development manager at the Centre for Rights Education and Awareness, says sexual violence has often been used to intimidate women.

“When women are raped in a political atmosphere, the aim is to deter them from making political choices,” she says. “The government should also ensure that women are safe when they decide to run for political office.”

A similar report released by KHRC in 2019 on the 2017 post-election violence titled Silhouettes of Brutality exposed police brutality as perpetrators of sexual violence, especially during political unrest.

The report focussed on post-election violations largely experienced following the announcement of the first presidential results on August 11, 2017, and the ensuing months prior to and after the rerun on October 26, 2017.

According to the report, SGBV during the 2017 election was perpetrated more by the police at 54 per cent compared to civilians at 45 per cent.

The report alleged that some security officers took advantage of the mayhem to indiscriminately raid homes and violate the survivors, most of whom were not involved in the protests.

SGBV, according to the report, accounted for 25 per cent of all the human rights violations recorded, with the most affected being women at 96 per cent and men at four per cent.

KNCHR indicated the highest cases were in August 2017, with rape accounting for over 71 per cent of cases.

No prosecution

In December 2020, the High Court in Nairobi found the government culpable for failure to investigate and prosecute those responsible for the post-election sexual violence in 2007/08.

Four of the eight survivors who had gone to court were awarded $35,000 (Sh4 million) each for violation of their constitutional rights.

A section of women leaders has already raised concern about rising political temperature and intolerance ahead of the August 9 General Election, which they observed could spell doom.

Under the African Women Leaders Network (AWLN)-Kenya chapter, the leaders recently warned that the ensuing political mood does not augur well for peace and national unity.

The lobby, in particular, condemned inflammatory utterances by politicians on the campaign trail, saying they were dangerous, reckless and aimed at whipping up ethnic emotions, which are a recipe for chaos and anarchy.

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