Tough laws, rising cases: What Kenya is getting wrong on SGBV
International Association of Women Judges president Hellen Omondi.
What you need to know:
- Young men dominate SGBV cases; Judge Hellen Omondi calls for gender-inclusive education and grassroots community engagement.
- Femicide and child defilement increase, with stakeholders saying ignoring boys undermines efforts to end gender-based violence.
Introduction of the Sexual Offences Act and strict sentences are among harsh pieces of legislation put in place by the government to curb sexual and gender-based violence.
Despite the efforts, however, sexual and gender-based violence (SGBV) keeps increasing as revealed by International Association of Women Judges (IAWJ) president Hellen Omondi. She says cases continue to be on the rise, with ages of survivors only moving lower (children) and towards the extreme end (the elderly).
Hellen says cases are being reported in different new spaces, raising questions about what Kenya is not doing right. “Gone are the days when age was respected while no one could even think of harming the elderly. One of the latest cases I came across was of a nine-month-old girl who had been defiled and had to go through reconstructive surgery,” she says.
Young offenders
The IAWJ president further notes that in her practice as a judge, she has realised that those presented to court are always young men. She explained that the male perpetrators are in the 18–25 age group and work in the informal sector, including the fishing community, boda boda riders and matatu sub-sector.
“One of the questions we keep asking is: Are these boys and men aware of the offences and the reparations of their actions?” she asks.
The judge wants the government, nongovernmental organisations and individuals to include men and women in SGBV awareness campaigns. She says one of the common issues often raised on different platforms is that boys and men feel left out. “Women and girls have successfully penetrated different careers. When such women end up in a relationship with a disempowered man, femicide remains their only option,” she says.
“That is not the kind of society we want to raise. We need a society that is inclusive, with people who have dignity and respect for each other.”
Statistics by the Kenya Demographic Health Survey reveal that 40 per cent of women have experienced physical or sexual violence from their partners at least once.
In 2024, the United Nations Office on Drugs and Crime report documented 725 cases of femicide in Kenya. The number translates into 47 women being killed every week, with 75 per cent of the murders committed by someone known to the victims.
Earlier this year, the Kenyatta University Women’s Economic Empowerment Hub revealed that Kenya loses Sh41 billion every year to SGBV. “How are we going to achieve behaviour change if we do not reach out to men and boys, who end up as perpetrators. If we leave out the boy child, we may not achieve our goal,” Hellen says.
She explained that because of economic backgrounds, a number of girls and boys often fail to transition to secondary schools. Boys, in search of income, end up searching for jobs as boda boda riders, matatu touts or fishermen.
Family pressure
Over time, the young men make money and before they know it, they are pushed to settle with partners because of family pressure, she says. The men, she says, are likely to settle with younger women only to end up in courts for defilement.
“In courts, we have cases of men who are tried for engaging survivors in sexual relationships. There are also men who are brought in believing that their sexual relationship was a mutual consent and they have no case, but they are really aware of what the court says,” she says.
“There are also men who elope with girls to new locations, hoping not to be identified, only for justice to catch up with them.”
The judge says one of the major steps towards reducing SGBV is working closely with male champions. With this, she says the public will be made to realise that SGBV is a societal issue and not just a women’s. She has now called on organisations working around SGBV advocacy to engage boda boda riders, beach management units and matatu associations.
Hellen was speaking during a stakeholder engagement on SGBV in Kisumu. The meeting, convened by the Kisumu Medical and Education Trust (KMET) in partnership with Equality Now, brought together county officials, court users committees, judges and counsellors.
Dr Monica Oguttu, the executive director KMET, says the meeting aimed to discuss SGBV from the grassroots. “Through such engagements, we have created an enabling environment where people feel free to talk about SGBV without fear of shame or stigma.”
The partnership has seen Kisumu County eliminate the Sh1,500 previously charged for one to obtain a P3 Form, she says. The gender expert adds that the fee was one of the barriers to justice for SGBV survivors. “As an organisation, we have also packaged psychosocial support for clients and people rendering the services, including legislators.”
Dr Oguttu further noted that inclusion of boys and men is one topic that has been raised in different forums with organisations. She also emphasised the need for the political class to embrace economic empowerment to curb abuse.
