ADDRESS BY THE DIRECTOR OF PUBLIC PROSECUTIONS, KERIAKO TOBIKO ON POLICY LIMITATIONS IN PROSECUTION OF CASES OF VIOLENCE AGAINST WOMEN AT SAROVA

PANAFRIC HOTEL

DISTINGUISHED GUESTS LADIES AND GENTLEMEN ALL PROTOCOLS OBSERVED On behalf of the Office of the Director of Public Prosecutions and on my own behalf, I am profoundly honoured and privileged to have been invited to speak to you on the challenges in the prosecution of Sexual and Gender !ased "iolence #ases against women$ I sincerely thank Grace %bugua, the &ounder and Organisational Director of 'omen(s )mpowerment *ink for this invitation$ +his timely forum brings together the main actors in the fight against the Sexual and Gender !ased "iolence to discuss issues relating to violence against women in leadership and senior position in different sectors while exploring opportunities of sustainable interventions$ +he forum creates an opportunity for all of us to audit ourselves, share experiences and formulate common strategies on the way forward$ 'e have further witnessed an escalation of sexual and gender based violence offences in all areas within our country$ +his is evidenced by the number of sexual offences prosecuted since the commencement of the Sexual Offences ,ct in -uly .//0$ +he fight against crime is inextricably linked to the realisation of our other national priorities namely, education, health, 1ob
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creation, economic development, rural development and the 3ational "ision ./4/$ %y office is committed to fighting all form of sexual and gender based violence offences hence the form t!o" of Se#$ % A"& Ge"&er'B (e& V!o%e")e &!*!(!o" headed by %s$ -acinta 3yamosi, ,ssistant Director of Public Prosecutions and -oint Secretary to the %ulti Sectoral +ask &orce o" the Im+%eme"t t!o" of the Se#$ % Offe")e( A)t, L &!e( "& Ge"t%eme",

+he ODPP has undertaken a number of initiatives geared towards enhancing capacity of the Police and Police Prosecutors to handle, investigate, prosecute Sexual ,nd Gender !ased "iolence cases$ +he initiatives include -or.(ho+(, tr !"!"/ "& (e"(!t!0 t!o", Despite these developments and the #onstitution which provides under ,rticle 56 , for 7access to 1ustice8 there is still a lot that needs to be done as discrimination and Sexual ,nd Gender !ased "iolence cases persist$ Some of the CHALLENGES in prosecution of these cases include9 2$ *aw enforcement officers are generally reluctant to investigate domestic violence reports as they are considered 1&ome(t!) !(($e(2, &or this reason, Domestic "iolence remains widespread and perpetrators continue to benefit from this impunity$ +he additional practices and culture such as &emale Genital %utilation remain widely practised in spite of legislation prohibiting the practice$ It is done in secrecy and such victims fear to come out$ .$ &ailure to handle witnesses and victims affects the evidence given in #ourt$ +here is need to have court preparation managers$ 'e however e")o$r /e +ro(e)$tor( to -h!%e )o"&$)t!"/ +re'tr! % (e((!o"( to he%+ the -!t"e((e(
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"& *!)t!m( f m!%! r!(e -!th the Co$rt e"*!ro"me"t prior to testifying$ 4$ +here is generally % ). of )o$"(e%%!"/ for the *!)t!m( to prepare them to testify in court$ +his results in traumatised victims testifying and affects the :uality of evidence they will adduce before court$ 5$ +he !"terfere")e of *!)t!m( 34 +er+etr tor( where they live in the same households poses a very serious challenge to prosecutions of Sexual ,nd Gender !ased "iolence cases$ +here is "ee& to have safe houses where victims can be taken as they await to testify$ ;$ ,nother challenge is the lack of understanding and the rigid interpretation of the law by law enforcement agencies , A" e# m+%e !( Mer$ H!/h Co$rt Pet!t!o" No, 56 of 7899 -here Pet!t!o"er )h %%e"/e& the &r -!"/ of h!( 3%oo& "& ( %!* for DNA (!m+%!)!t4 !" m tter -here he - ( ))$(e& S,O,A, offe")e, +he court found that the samples were obtained illegally and in complete disregard of his fundamental rights and freedom under the constitution$ Decisions such as this are not progressive and do not promote the development of the law as provided by ,rt$ .;<=2>=c> of the #onstitution$ 0$ +he delay in prosecution of Sexual ,nd Gender !ased "iolence cases for whatever reason, impacts negatively on the prosecution of these cases$ ?oung children and the aged tend to forget events and such delay affect their ability to recall events hence poor :uality of evidence leading to ac:uittals$ More )o$rt( (ho$%& 3e (et (!&e to h "&%e Se#$ % "& Ge"&er'B (e& V!o%e")e ) (e( and specialised prosecutors be attached to their courts$

@$ +he &!(t ")e( 3et-ee" +% )e( hampers reporting to police, seeking medical treatment and going to court to testify$ It ultimately impacts on the prosecution of Sexual ,nd Gender !ased "iolence cases negatively$ 6$ One of the most troubling challenges to prosecutors is where both the victim and offender are minorA Bow do we proceed and with what chargesA <$ +he % ). of +ro+er h "&%!"/ "& +re(er* t!o" of e#h!3!t( !( another serious challenge that compromises the :uality of evidence to the adduced before court$ 'hilst significant progress has been made in the fight against Sexual and Gender !ased "iolence, we have yet to arrive at a point where we can honestly say we have done all we can as best as we can to combat Sexual ,nd Gender !ased "iolence to ensure perpetrators are brought to 1ustice$ I would like to conclude by congratulating you for organising this forum$ %ay it and many other initiatives that seek to create awareness and build capacity of criminal 1ustice systems enable all of us nationally and internationally rededicate our efforts in the fight against prevalence of Sexual ,nd Gender !ased "iolence offences$

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