Factors inhibiting the realization of legal justice for sexual violence survivors in Kibera slums
Abstract
In spite of the many initiatives that presently exist to address domestic violence in general,
communities living in Kibera slums are yet to stamp out or significantly reduce the cases of
sexual violence. Its ugly face spans from manifest physical abuse and sexual violence, to subtle
violations such as verbal abuse and deprivation of their entitlements within the family. One of
the main reasons why sexual violence in Kibera slums does not recede has to do with the lack of
adequate laws to deal with it. Kenya has few laws that criminalize sexual violence. In Kenya
today, the prevalence levels of sexual violence are high, mainly affecting girls and women.
These occur against the existence of both national and international legal, policy and institutional
frameworks aimed at safeguarding the sexual and reproductive rights of all Kenyans. All the
legal, policy and other measures notwithstanding, generally, prosecuting sexual violence matters
in the Kenyan courts is a daunting task for women. The implication of the impunity with which
society and government treat sexual violence dehumanizes women, whose concerns are
trivialized by the very society in which they play significant social and economic roles. Our
study sought to establish the factors inhibiting the realization of legal justice for sexual violence
survivors in Kibera slums by examining the forms of sexual violence in Kibera slums, the legal
framework addressing sexual violence in Kibera slums and the factors inhibiting the realization
of legal Justice for sexual violence survivors in Kibera slums. The study used descriptive
exploratory design to collect qualitative and quantitative data. The population encompassed of
women who have experienced or witnessed gender based violence within Kibera. The sample
population consisted of 50 respondents. Questionnaire, Focus Group Discussions and interview
guides were used for gathering both qualitative and quantitative primary data. Iindividual who
are survivors of sexual violence and they provided stories about their live experiences. Data was
analysed and presented using graphical and statistical techniques and narratives. The findings
were presented and they show that sexual violence in Kibera slums is rampant affecting women.
Majority of the cases are not reported because victims do not believe that the justice system can
offer a prompt and effective remedy and are fearful of the discriminatory treatment to which the
judicial system may subject them if they file complaints. Findings show that revealed that the
police and other state institutions are reluctant to intervene and enforce restraining orders against
aggressors.
Citation
Master of Arts in Genger and development studiesPublisher
University of Nairobi