This archive report was first published on 10 May 2021.
Kenya's Struggle with Gender-Based Violence ¶
Gender-based violence (GBV) is a pervasive issue in Kenya, with one-third of women aged 15 to 49 experiencing some form of GBV, according to the 2014 Kenya Demographic Health Survey.
The economic burden of GBV on the country is significant, with the average cost of treating a survivor estimated at Sh16,464, as found in a 2016 study by the National Gender and Equality Commission.
Kenya has laws in place to address GBV, including the Protection Against Domestic Violence Act (2015), Prohibition Against Female Genital Mutilation Act (2011), and Sexual Offences Act (2006). These laws focus on prevention and response to GBV.
Gender-Based Violence Recovery Centres (GBVRCs) are an essential part of the response to GBV, providing medical treatment and psychosocial rehabilitation to survivors.
The first GBVRC was established by Nairobi Women's Hospital in March 2001, and since then, more have been set up by private actors, charitable organisations, and the government.
Today, the most visible public GBVRCs are located in Moi Teaching and Referral Centre in Eldoret, Coast General Hospital in Mombasa, Kenyatta National Hospital in Nairobi, and Makueni County Hospital.
Guidelines for Establishing GBVRCs ¶
In 2020, the Ministry of Public Service and Gender released Guidelines for the Establishment of Gender-Based Violence Recovery Centres in Health Facilities in Kenya to standardise their establishment and operations.
The guidelines propose one-stop county-based facilities attached to hospitals, where various sectoral actors will be available. The centres will have the necessary infrastructure, equipment, and supplies, as well as 24-hour staff.
The one-stop approach aims to eradicate the tedium of survivors having to travel to other service delivery points for essential services. The intention is to have a combination of medico-legal, psycho-social, and police services available at the centres.
The guidelines also recognise the needs of children and people with disabilities, especially those with speech and sight impairment, in the set-up of the centres.
Notably, the guidelines propose that the police should not insist that survivors report the case where the offence took place, and that government chemists should be available in every region.
However, the guidelines raise concerns, including the potential sustainability of GBVRCs, given their resource-intensive nature. Additionally, the guidelines do not articulate how physical confidentiality when reporting will be ensured.
Furthermore, the guidelines do not provide minimum standards that different actors should adhere to in delivering services.
Implementation of the guidelines should focus not only on medical treatment for survivors but also on justice through mandatory prosecution of perpetrators.
The guidelines should also be implemented in close synchronisation with the Victim Protection Act 2014, which requires that victims of crime be compensated by the perpetrator or the State through the statutory Victim Protection Trust Fund.
Finally, the established centres should have in-house paralegals and legal counsels to support survivors.
