• Tupo. Tusikizwe Lobby GRB Paper 2021

    Author: Wairimu Munyinyi Category: Articles , No Comments

    A Proposal of Matuga Sub-County Community Members on Gender Responsive Budgeting Presented to the County Government of Kwale on 02.02.2021

    Background of the organization The Coalition on Violence Against Women (COVAW) is a national Kenyan not-for-profit women’s rights organization. We are committed to advancing women’s rights; and work towards achieving a society free from all forms of Violence Against Women and Girls (VAWG). COVAW was founded in 1995 as a response to the silence of the Kenyan society to address VAWG. COVAW implements projects under five (5) strategic focus areas including: Access to Comprehensive Sexual and Gender Based Violence (SGBV) and Sexual and Reproductive Health Rights (SRHR) Services; Women’s Economic Empowerment; Women’s Leadership Development; Access to Justice; and Institutional Development.

    Project description COVAW in partnership with VOICE is currently implementing the TUPO.TUSIKIZWE (We are here. Listen to us) Project in Kwale County aimed at empowering marginalized women and girls, including those with disabilities, to participate in the County Budget process by enhancing their voices to lobby for the uptake of their priority needs and equitable distribution of resources. The two-year project is implemented in 5 villages in Waa Ng’ombeni and Tsimba Golini wards, Matuga Subcounty. Civil society and community champions participated in a three days training on Gender Responsive Budgeting at Pride Inn and Kombani Social Hall respectively. The teams were facilitated to understand the county budget cycle processes, analyzing county budget estimates against community needs and how to integrate GRB principles into resource allocation to ensure gendered needs of women, girls and PWDs are met. During the workshop, the team identified gaps in resource allocation in the county and developed a gender priorities lobby paper with recommendations to the county government regarding making the Kwale County public resources planning and budgeting be gender responsive.

    Sectoral specific recommendation on Gender Responsive Budgeting 1. EDUCATIONAL SECTOR Access to education plays an immense role in the realization of SDG 4 which aims to ‘Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all’. It also strengthens and SDG 5 on the ‘Achievement of gender equality and empowerment of all women and girls.’ The County government of Kwale is committed to ensuring universal access to education to all residents. In the FY 2020/2021 Early Childhood Education ECDE has an allocation of approximately Ksh. 357 million to construct ECDE centers including a flagship project to build an ECDE teacher training college in Kinango sub county. In Kaya Waa village, there is no ECDE center where children can access learning conveniently. Children cover at least 6km to the nearest school (Boa Primary). Attendance of the children in school is poor due to long distance from home which affects the performance of the pupils in early primary school, it further affects the attendance and age entry of the pupils in pre-schools. Bursary allocation scheme in the county has been operationalized to promote students’ enrolment, attendance, retention, performance and transition rates in schools, colleges, vocational training centers and universities. Allocation of bursaries to learners is inequitably distributed among learners. The county has an allocation of Ksh. 20M every financial year in each of the 20 wards. It is paramount to recognize that having the same allocation in each ward does not factor in various parameters including population of students, poverty levels across the county among other factors. According to The 2019 Kenya Population and Housing Census (KPHC 2019,) distribution of learners in secondary and tertiary institutions is as follows: Kinango 3827, Matuga 11,399, Msambweni 11,100, Lungalunga 7857 and Samburu 8616. These statistics clearly illustrate the need to ensure bursary allocation is guided by students’ population size as one of the parameters. Access to vocational education for women, youth including PWDs is very limited. The county should formulate a deliberate campaign to enroll youth, PWDs and women to technical and vocational education and training (TVET) centers. Additionally, setting up girls’ hostels in vocational centers located in far flung areas e.g. Galana that are not easily accessible would be ideal to enable women, youth and PWDs to be hosted as they continue with studies. This will improve enrolment and retention rates to facilitate their successful completion of training and improve their employability.

    Recommendations under Education Sector 1. We urge the county government to ensure an ECDE center is built in Kaya Waa to benefit children of Kaya Waa village. 2. We urge the county government to ensure equitable distribution of education bursaries by population size as a parameter. This will ensure that all children are sustained children in school. 3. Clear allocation of funds and detailed guidelines to institutions for people living with Disabilities (PWDs), Youth, and women to access technical and vocational education and training (TVET) centers. 4. Provision of hosting facilities for Women, PWDs to ensure sustained retention rates in school

    2. HEALTH SECTOR The County Government of Kwale is committed to promoting accessible, quality and responsive health care services for all in line with SDG 3 to ‘ensure healthy lives and promote wellbeing of all ages’. The county is keen on rolling out construction and equipping of dispensaries to improve on service delivery and reduce the mortality rate. In FY 2020/2021, the county has allocated approximately Ksh. 346,793,961 to construct and equip health facilities. However, in some areas within Matuga sub county, women, girls including PWDs still have a challenge in accessing health care services due to either long distance or lack of facilities e.g. laboratory services. In Kaya Waa, Mteza and Madibwani villages, there is no health facility within the locality. Residents travel a long distance to access health care services. Pregnant mothers most times end up giving birth at home due to financial constraints and challenges in accessing the health facility; a health risk for both the mother and the infant! PWDs face very many challenges when going to the Sub county hospitals to access the Physiotherapy sessions. These challenges include congestion in the hospital, high transport implications because of the special needs of the PWD and poor quality service delivery due to the high number of patients in line.

    Recommendations under Health Sector 1. We urge the county government of Kwale to construct and fully equip a health facility with a maternity wing at Kaya Waa and Mteza dispensary (nearest dispensary Lutsangani which is Kinango sub county). 2. Actualize the commitment to construct and furnish the Madibwani Health Centre and construct a shed in Mlola (Waa Ng’ombeni) to support the mobile clinic health care workers as they dispense health services to the community. 3. Have physiotherapy sessions at subsidized rate for PWDs in the Sub county hospitals. 4. Make all hospitals and the services youth-friendly, women-friendly, and disability-friendly. 5. We also urge the county to facilitate targeted community outreaches and provide physiotherapy services to the PWDs. This will enable them to overcome mobility challenges and improve their functional abilities to engage in productive activities.

    3. AGRICULTURAL SECTOR The Kwale County Government strives to ensure food security to its residents and strengthens household income through development projects that will promote improved agronomic practices in terms of land preparations, use of high quality planting materials and farm inputs as well as promote irrigation in areas with reliable water sources; improved livestock breeds and husbandry as well as efficient and effective pest and disease control and empowering fisher folks to increase marine and aquaculture catch and total incomes from fish and fish products. Despite all the prospects that Kwale county has; including vast and fertile land in Matuga sub county, efforts to improve on agriculture are suboptimal. This has led to continued high poverty index in the county and this mostly affects the women, youths and PWDs in the community. Poor agricultural productivity results in loss of family income, increased poverty, hunger as well as malnutrition due to lack of a balanced diet. In the FY 2020/2021 the agriculture sector was awarded approximately Ksh. 234M for development expenditure. There is therefore need to increase agricultural productivity and market access to enable more rural poor households to grow enough food to begin selling it, leading to welfare gains and poverty reduction.

    Recommendations under the Agricultural Sector 1. Enhance access to agricultural financing to small scale farmers by promoting access for loans and short term grants. 2. Promote the use of irrigation to farmers to avoid the agricultural activities being fully rain dependent and susceptible to drought shocks. By investing in irrigation and agricultural water management for smallholders can reduce productivity shocks and raise the sector’s total factor productivity. 3. To boost agricultural productivity and subsequent economic empowerment of women in agriculture, we request the County Government to diversify agriculture by constructing modern fish ponds, support farmers in apiculture (bee keeping),provide hybrid cows to farmers and drought resistant seedlings to avoid over reliance on rain fed agriculture 4. Training and educating the women, girls and PWDs on agribusiness to maximize on productivity as well as improve the lives of the community through income generating activities. Improve on the extension services. 4. WATER SECTOR –UNIVERSAL ACCESS TO WATER AND SANITATION KPHC 2019,) indicates major sources of water for the county households as follows: pond (17.2%), borehole (12.7%) and public tap (18.3%). The County government of Kwale under the department of water services aims to promote safe and sustainable water services for all residents by improving access, quality and storage of water for sustainable development. During FY 2020/2021, an allocation of approximately Ksh. 868M towards development expenditure to improve universal access to water for the residents was given Matuga residents still decry poor distribution and access to water. In Madibwani, kaya Waa (Waa Ng’ombeni) and Bang ’a (Tsimba Golini) women and girls walk long distances to fetch water. This translates into a lot of time lost which could have otherwise been spent by women working and girls studying. Additionally, women and girls’ vulnerability to sexual and gender based violence is heightened since they travel to and from the water points unaccompanied. PWDs groups complain of the lack of water as the main barrier in maximizing productivity in their agricultural projects such as chicken rearing.

    Recommendations under the Water sector – Water and Sanitation 1. We propose an improvement in access to water through proper distribution of water. In every 10 households, there should be a borehole and water kiosk to ease access to piped water. 2. The County Government should invest in water harvesting and storage will help the residents have access to clean and healthy drinking water at household level. 3. Ensure that there are funds set aside for Sanitation & Hygiene improvement and not only during outbreaks.

    5. COMMUNITY DEVELOPMENT AND TALENT MANAGEMENT The County Government of Kwale has committed to enhance civic education on mainstreaming youth, PWDs and gender issues through sensitization to county departments to incorporate gender issues in planning budgeting and implementation of programmes. However, this is yet to gain momentum. During FY 2020/2021, the department had a total allocation of approximately Ksh. 178M to undertake development projects. Lack of civic awareness in the community especially among the minority and marginalized groups has left them unable to participate effectively in county decision making platforms. Sexual and gender based violence incidents have been witnessed in Matuga sub county. Adolescent girls and young women including persons with disabilities have been negatively affected. Since the outbreak of COVID-19 accompanied with containment measures put in place to mitigate against the spread of the virus, SGBV incidents have been on the rise. Forced child marriages, child pregnancies, child trafficking and commercial sexual exploitation of children are among the challenges faced by children across the county. Lack of safe houses for survivors of SGBV hinders access to justice as well as a support system for them to heal and be reintegrated to their families. Civic education will ease accessibility by all residents as well as ensure that citizens understand their role in being actively involved in county processes.

    Recommendations under Social services and talent management 1. Allocation of spaces of engagement for PWDs to participate effectively in county decision making platforms. 2. We urge the county government to improve the Complex that houses Gender Based Violence survivors at Waa by setting up a one stop complex that houses a Gender Based Violence and Recovery Center to support survivors of SGBV. 3. Allocation of more funds for its operation and maintenance. 4. Sensitization forums by County departments on the SGBV issues around illegality of the acts on SGBV. 5. Affirm strict measures to be meted on perpetrators of child rights violations. 6. Kaya Waa residents also urge the county government to construct a social hall in the area where residents can hold meetings as well as cultural activities like music and drama events. 7. Information dissemination should be PWD friendly to ensure inclusion of PWDs by availing braille documents and sign language interpreters during the civic education fora.

    6. ENTERPRISE DEVELOPMENT Tourism, Trade and Enterprise department’s objectives include: To promote industrialization and avail affordable credit to traders as well as capacity building on available opportunities. During FY 2020/2021, enterprise development had an allocation of approximately Ksh. 150M. Women, youth and PWDs from Matuga sub county have been excluded in access to employment opportunities. High rates of unemployment among youths and low economic opportunities to women from Kaya Waa is prevalent. Majority of women engage in exploitative trade in the quarrying activities with meagre payments that are worsened by high levies on the stones and ballast. Lack of awareness of the existing funds and loans that women, youth and PWDs can benefit from is one of the major reasons for the declining number of those benefiting from the funding opportunities. The community has faulted the County Trade Revolving Fund having collateral as a requirement for individuals who wish to benefit. For women and youths, it is worse where the majority do not own any property to be used as collateral in acquiring loans. Recommendations under Enterprise Development 1. We urge the county to recognize artisanal quarrying activities in Kaya Waa and support them acquire modern equipment for quarrying activities. This will enable the workers to work in a healthy and safe environment as well as provide a source of income to the locals and revenue generation to the county government. 2. We urge the county government of Kwale to support women across the county to register women groups and businesses to enable them participate effectively in the reserved and preferential Access to Government Procurement Opportunities (AGPO). 3. We also urge the county to conduct a needs assessment to the PWDs and support them with assistive devices to aid their mobility to engage in productive activities e.g. business 4. We urge the county government to continuously educate women, youth and PWDs on Affirmative Action Funds (Women Empowerment Fund, Youth Enterprise Development Fund, Uwezo Fund, MSME Fund, Stawi, Kenya Industrial Development Fund) 5. Stipulated requirements on getting loans should be women, youth and PWDs friendly to ease accessibility by the minority and marginalized. Less interest on the loans and increased repayment period. 6. Setting up sheds where youths can set up their startups and sell their wares will help boost self-employment to the artisans. In conclusion, we wish to state that our proposals are consistent with the Kwale County Medium Term Plan III (2018-2022) of Vision 2030, the Kwale County Integrated Development Plan 2018-2022, and the Governor’s Second Manifesto 2018-2022. Our proposals are within the law and guided by the need to create budgets for equality that cover the rights and needs of Women, Youth and Persons with Disability (PWDs). We wish to recommend to the Kwale County Government to adopt the Gender Responsive Budgeting (GRB) Framework and improve service delivery to the people of Matuga Sub County and Kwale County at large.

    -Ends-

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  • Looking Back, Pushing Forward; A message from the Executive Director, COVAW.

    Author: Wairimu Munyinyi Category: Articles , No Comments

    The Year 2021 has kicked off with a mix of hope, optimism and apprehension over how the COVID-19 pandemic will play out, globally. The impact on the global economy has left countries and households reeling from the effect of reduced incomes and opportunities for growth and development. We have had little choice but to embrace a ‘new normal’ in the way we function as communities and individuals. The ability to adapt to change is an important factor in strengthening one’s resilience and this we witnessed at COVAW amongst our staff, partners and communities that we work with. In the midst of the COVID-19 situation in Kenya, the COVAW team remained committed and determined to mitigate Sexual and Gender Based Violence in its spaces of operation. This dedication was mirrored by the communities we work with who continued to engage on how to mitigate SGBV in their communities. There could not have been a better way of ending the year 2020 than by welcoming the judgement in favour of a petition case that COVAW filed, alongside other partners, to pursue justice for SGBV survivors of the post-elections violence of 2007. It is not lost to us however that GBV, the shadow pandemic during this period will require even more concerted efforts from all stakeholders to address. When schools in Kenya re-opened in January 2021, a major concern of the Ministry of Education, besides ensuring that schools were safe and adhering to the COVID-19 guidelines, was about the number of pupils, mostly girls, that did not report back when schools re-opened. A significant number of these girls were either at home, pregnant, were engaged as child labourers or had been married off during the COVID-19 lock-down period. Others were simply not interested in school in anymore and for various reasons including lack of school fees or lack of an appreciation of the importance of securing an education. From past studies and experiences, most of these girls are likely to be from poor families that have been struggling to survive even before COVID-19 hit. Their situation became worse with the reduced opportunities of economic survival during the pandemic and the casualties as always was mostly vulnerable women and girls but also the vulnerable boy-child who has also had to drop out of school as they engage in forced, child labour to support their families. COVID-19 pandemic continues to expose the under-belly of poorly implemented development plans in many countries. As organizations like COVAW strengthen their resolve to address SGBV in 2021, we are also intentional about boldly challenging various forms of GBV including FGM/C, rape, incest, domestic violence and calling out to the government leadership at county and national levels to strengthen their development approaches and design interventions that aim at reinforcing a strong social fibre, woven from national values that take pride in non-violence in private and public spheres. Such an approach will definitely impact positively the economic development goals that we aspire for as a country. When a society does not condone violence and especially against its vulnerable and marginalized groups, it has higher chances of producing wholesome individuals whose values are geared towards betterment of families and the country as whole. Violence of any kind affects productivity negatively and entrenches exclusion. Specifically, COVAW calls on the Government of Kenya to: 1. Allocate appropriate financial and human resources to address SGBV including the provision of properly run GBV shelters and safe houses; 2. That the School Re-Entry Policy be implemented fully across all public and private schools to allow for the re-admission of girls who have dropped out of school due to pregnancy and forced marriages; 3. Enhanced efforts at eliminating Female Genital Mutilation (FGM) in accordance with the Prohibition of Female Genital Mutilation Act of 2011. In recognition of FGM as a form of GBV; 4. Facilitate timely delivery of justice for SGBV survivors in the Kenya Courts; 5. Consider as a priority the review of key education curriculums to include stronger GBV mitigation measures in order to secure positive behavior changes from early formative stages. Say No to GBV. Take Action against GBV.

    Wairimu Munyinyi-Wahome Executive Director, COVAW

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  • Part 1 and Part 2 of Radio Interview on 9th Decmber 2019

    Author: Wairimu Munyinyi Category: 16 Days of Activisim , Articles , No Comments

    As a continuation of the 1st radio interview held on 4th December 2019, we participated in a 2nd radio interview at Ghetto Radio 89.5 FM on 9th December 2019 sensitizing the public on rape as an offence, what amounts to consent and the sentencing provisions in the Sexual Offences Act.

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  • Part 1 and Part 2 of Radio Interview on 4th December 2019

    Author: Wairimu Munyinyi Category: Articles , No Comments

    We marked the 16 days of activism Generation Equality Stands Against Rape” with a radio interview at Ghetto Radio 89.5 FM on 4th December 2019 sensitizing the public on protection of vulnerable groups like intellectually challenged women and girls against rape.

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  • Radio Interview in Narok on 2nd December 2019

    Author: Wairimu Munyinyi Category: 16 Days of Activisim , Articles , No Comments

    We marked the 16 days of Activism Generation Equality Stands Against Rape” in Narok with a radio interview at Sidai FM 103.5 Narok on 2nd December sensitizing the public on the rights of Intellectually Challenged Women and Girls.

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  • Paralegal Training in Monarch Hotel, Nairobi

    Author: Wairimu Munyinyi Category: Articles , No Comments

    In the month of May, 2019, 30 paralegals from Nairobi, Kiambu and Narok Counties were trained on Human Rights and the Legal Framework on Sexual and Gender Based Violence (SGBV), Sexual Reproductive Health (SRH) and the Rights of Persons with Disabilities. The training also sought to equip them with knowledge on the Reporting Mechanism and Guiding Principles on SGBV. With the training, the paralegals will greatly support victims/survivors of SGBV with intellectual disabilities within their respective communities by assisting them to collect timely and relevant information especially evidence needed to secure their justice.

    A group of Paralegals in a group brainstorming exercise at Monarch Hotel, Nairobi on 24th May, 2019.

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  • COVAW Recommends 18 Years on Consensual Age for Sexual Activity in Kenya!

    Author: Wairimu Munyinyi Category: Articles , No Comments

    Based on a Criminal Case Ruling Appeal Number 102, 2016 where three court of Appeal Judges Kiage, Musinga and Nambuye reversed a 15-year sentence of young man who impregnated a 17-year-old girl, Coalition on Violence Against Women (COVAW) is strongly opposed to the idea of reducing consensual age for sexual activity as proposed by the three judges from the current age at 18 years to 16 years.

    Kenya defines a ‘child’ as an individual who has not attained the age of 18 years and it is in line with the United Nations Convention on the Rights of the Child (UNCRC). This classifies a child as a vulnerable person who requires special protections. These protections are not a benefit but a right. The Constitution of Kenya provides in Article 53 for protection to children as an independent right owing to the vulnerabilities that persons under the age of eighteen are exposed to. These vulnerabilities include sexual immaturity, innocence and lack of sexual knowledge and experience . For instance, both sexes, early pubertal maturation appears to be associated with earlier relationship formation and sexual initiation. Those with slight knowledge about sex often their sexual activities are circumstantial and takes place without caution . In this context, sexual violence amongst children especially adolescent girls takes many forms, including rape, sexual assault, defilement, incest, and many others . A significant number of these sexual violation cases often involves a minor and an adult. Compared to boys, young girls are even more vulnerable to sexual and physical violence . They are vulnerable to early and unintended pregnancies with adverse birth outcomes as a result of their gynecological immaturity and incomplete pelvic growth and other complications . Because of their vulnerabilities, many adolescent pregnancies occur in the context of human rights violations such as child marriage or coerced sex. Lowering the age consent to 16 would mean girls would not stay longer in schools as they used to due to early sexual initiation, early marriage/cohabitation, and early childbearing.

    The reason therefore why a child is deemed as not able to give consent is due to these vulnerabilities including their young age which also incapacitates them from fully appreciating the nature of activities they are agreeing to especially with adults who would easily take advantage of the situation. Regardless of the physical development of a child, the same is not commensurate to the psychological aspect which plays a big role in helping one to understand the long term effects of some decisions. While there are some courts that have held that a child was behaving in a manner to attract such attention, or be deemed to allude to consent, close interrogation of these children will clearly establish that beyond the spur of the moment, such children have not fully appreciated the consequences of their actions and are in no way, capable of making life changing decisions. The protections afforded to children by various Acts including the Sexual Offences Act cannot be withdrawn simply to take care of adults who choose to ignore the law and abandon all reason when deciding to engage sex with minors. The argument to reduce the age to cater to these men is akin to shifting the blame to the child who does not know better. Notable is the fact that majority of persons who engage in sexual liaisons with children are adults and thus, reducing the age will expose the children to further violations by their care givers, teachers and general persons in the society.

    The Sexual Offences Act provides in Section 8(5) the defence that is available in such instances and in Section 8(6) states clearly that it is incumbent on the accused to prove that he/she took measures to ascertain the age of the complainant. Consent according to Section 42 of the Sexual Offences Act inter alia includes the capacity to agree to the sexual act.

    Age of consent laws, serve as a means for regulating children’s sexual activity, identity and behaviour . The establishment of a minimum legal age for sexual consent is one of the many ways that governments seek to negotiate nature of childhood, and the scope and boundaries of children’s rights . Setting an appropriate age of consent to sexual activity therefore requires a balance of rights to their protection . The fact that young men of between ages 18-21 are increasingly being convicted owing to sexual liaisons with persons under the age of eighteen should not be the only factor that should be taken into consideration when discussing the age of sexual consent. It is incumbent upon the person engaging in sexual liaisons with the other to establish that they are of legal age to engage in this. Moreover, the proposition to reduce the age to 16 will not necessarily cure the intended problem. Once the age is reduced, if no other remedies are put in place to reduce the moral decadency, then we will simply have transferred the problem as there will be a rise in the number of boys aged between 16 and 19 who will be jailed for the same offences hence taking us back to the same situation we are in at the moment. It is notable to point out, that not only men or boys can be charged with sexual offences, women and girls too can be charged and convicted.

    We simply then cannot play into the hands of adult perpetrators who are choosing to ignore the law. Since this is likely to give way for further violations and child exploitation such as early marriages and child labor amongst other violations. When we allow children to freely have sexual relations and get married, children will be forced to drop out of school and start taking up roles which they are not ready for since as children, they are still fully reliant on their parents for provision and guidance. And when they take up these roles, they only perpetuate the vicious cycle of poverty.

    Thus allowing a blanket decision to reduce the age without even due consideration to the people who will end up providing for the babies resultant of such unions is a joke. The act will also lead to an increase in poverty. It is a joke to shift the blame to children when the party engaging with the child is an adult of sound legal mind capable in law of making decisions. Even at the age of eighteen; such young adults do not have the capacity to appreciate the consequences of their decisions let alone 16 year olds. Lowering the age of consent to 16 years would therefore make the children extremely vulnerable to adult perpetrators who are most likely to misuse their power by taking advantage of children and further exploiting them. Section 24 of the Children’s Act for example provides instances when parental responsibility can be extended past the age of 18. This is clearly because of the fact that even at 18, very few young adults are able to make informed and responsible decisions let alone supporting themselves.

    The only consideration if at all that should be put in place would be to respond to the rise of Romeo and Juliet cases (child-to-child “consensual” teenage sex). There has been an increase in the number of teenagers engaging in voluntary sex. In this regard, a proposal would be to amend the Sexual Offences Act to put in special measures to protect these children who are voluntarily engaging in these relations. Even then, borrowing from the Canadian jurisdiction, there should be limits on the exemption and the age difference should be say two years, both in school and no force or coercion should have been used by either child. The extension could be made to persons who are eighteen and still pursuing high school education but in no way, can it be extended to adults who are not within the high school student purview and are instead choosing to prey on our young girls.

    Despite the ratification of various International instruments on Reproductive Health and the express provision by our Constitution in Article 43 on access to highest attainable standard of health for all; Kenya is still a long way from realizing the Reproductive health rights of its citizens. Access to family planning services for adults is already quite challenging at the moment and even worse on children; further, the maternal death rates are also quite high.

    Instead of lowering consent age to 16 years, what the government needs to focus on is devising strategies which would lead to an increased accessibility of comprehensive sexual and reproductive health information and services for young adults at both the national and county levels . Coalition on Women against Violence calls upon the Kenyan government to develop comprehensive sexual education curriculum and come up with practical strategies to implement the curriculum in both primary and secondary schools and also in Technical and Vocational Institutions. By doing so, sex education amongst young adolescents would greatly complement academic and vocational endeavors by empowering young adolescents with cognitive skills, social or interpersonal skills including communication, negotiation/refusal skills, assertiveness, cooperation, and empathy; and emotional coping skills which includes the management of feelings, stress, and impulses essential in translating younger adolescents’ sexual and reproductive health knowledge into practice. Sex education would significantly contribute to delaying the initiation of sex, reduce the number of sexual encounters and sexual partners amongst young adolescent girls and boys at puberty stage and training them to behave responsibly when they eventually engage in sexual activity. This is especially important in East and Southern Africa, where millions of adolescents and young people face barriers to exercising their right to Sexual Reproductive Health information and care . This also includes their access to credible information on sexuality and reproductive health. This information is not only about their physiology and their better understanding of the norms that society has set for sexual behavior, but also, the need to acquire the skills necessary to develop healthy relationships and engage in responsible decision-making about sex, especially during adolescence when their emotional development accelerates . With the right information at a tender age, young girls will be less vulnerable of their immediate environment especially as they interact with various persons in the community.

    It is therefore important for the government to take a lead in giving comprehensive sexual and reproductive education other than contemplating of lowering the age consent to 16 years. Parents and caregivers need to provide leadership and guidance to children as well. It is indeed time for sober discussions to be held around the topic on teenage sex; but this should in no way be interpreted to mean entertaining talks on the age reduction for consent. If anything, the age of sex of sexual consent should be increased.

    For further inquiries, contact: Wairimu Munyinyi-Wahome, Executive Director- COVAW Email: wmunyinyi.wahome@covaw.or.ke/info@covaw.or.ke Tel: +254-20-8040000/1, +254-(722/733)-594794, +254-701050531

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  • Women’s Agency and Violence against Women: The Case of the Coalition on Violence Against Women in Kenya

    Author: covaw Category: Articles , No Comments

    ABSTRACT: Violence against women and girls has been acknowledged as a violation of basic human rights and a form of discrimination against women, reflecting the prevalent imbalance of power between women and men. This is because violence against women and girls is a universal phenomenon that is both a cause and consequence of gender inequality. Hence, many legal and policy frameworks have identified violence against women as one of the critical areas of concern that requires women’s agency. This paper analyzes the use of women’s agency to curb violence against women and girls in Kenya using the case study of the Coalition on Violence Against Women (COVAW). It specifically examines the problem of violence against women and girls and how women, through organization such as COVAW, are using their agency to prevent and address that violence. The case study of COVAW is used to provide in-depth analysis of how this women’s organization represents women’s agency in addressing violence against women and girls in Kenyan society. It also illustrates that women have the capacity and ability to combat violence in their society.

    KEYWORDS: Sexual and gender-based violence, women’s agency, women’s organizations, Coalition on Violence Against Women (COVAW), Kenya

    African Conflict & Peacebuilding Review 7, no. 1 (Spring 2017), 51–65 Copyright © The Trustees of Indiana University • doi: 10.2979/africonfpeacrevi.7.1.04

    INTRODUCTION

    The magnitude of violence against women and girls, particularly physical, psychological, sexual, and gender-based violence, in Kenya is disturbing and on the rise. Women are often the main victims of violence because of the patriarchal system in Kenya (Kariuki, Chatterjee, and Dejak 2016). Despite the existence of legislation, administrative directives, judicial sanctions, and awareness-raising efforts by a variety of organizations and the government, gender-based violence, including domestic and sexual violence, human trafficking, and harmful practices, such as forced child marriage and Female Genital Mutilation (FGM), is still endemic in Kenya. According to the Kenya National Bureau of Statistics (KNBS) report of 2014, 47% of women between the ages of fifteen and forty-nine reported that they have experienced either physical or sexual violence. Thirty-three percent have experienced physical violence only, 3% have experienced sexual violence only, and 12% have experienced both physical and sexual violence. The percentage of women who have experienced physical or sexual violence increases steadily with age, from 35% among those aged fifteen to nineteen to 54% among those aged forty to forty-nine (KNBS 2014: 302).

    Moreover, the Kenya Police Service received 3,596 defilement cases, 913 of rape, 242 of incest, and 124 of sodomy in 2013 (Orlale 2015). Also, the 2013–14 Liverpool Voluntary Counseling and Testing (LVCT) Health report cites 5,143 cases of gender-based violence (GBV) from 131 sites across Kenya. Out of these, the most affected are girls between twelve and seventeen, representing 41% of survivors, followed by women aged eighteen to forty-nine, who make up 32%. Additionally, girls and women living with disabilities have not been spared by perpetrators of GBV. Girls represented 1% of the cases of GBV, while women over fifty accounted for 3%. Shockingly, girls younger than eleven accounted for 24% of GBV survivors in 2013 (Orlale 2015). One of the worst cases of defilement was of a 10-year-old girl who went on to give birth in Kericho County through caesarean section. The girl suffered double tragedy when media contravened the Children’s Act by revealing her name, school of attendance, and image, leading to psychological torture, stigma, and depression (Orlale 2015).

    According to Odhiambo Orlale (2015), the worst regions as far as physical violence against women is concerned are Western and Nyanza counties, which account for 51.6% and 49.5%, respectively, followed closely by Nairobi (46.1%) and Eastern (40.6%) counties. The rates of physical violence against women for the other areas are the following: Central, 32.8%; Rift Valley, 32.4%; Coast, 27.4%; and the lowest is North Eastern, 12.1% (Orlale 2015). Orlale notes that with regard to sexual violence against women, the pattern is similar: Western and Nyanza counties are at the top with 25.3% and 19.4%; Nairobi, 21.8%; Eastern, 12.9%; Rift Valley, 9.7%; Coast, 9.1%; Central, 8.7%; and North Eastern, 0.4 %. Orlale reports that 72.6% of survivors of GBV were unwilling to pursue justice; while only 5% who were seen in health facilities in 2014 were willing to go to court, owing to insensitivity of law enforcement. The report notes that the victim protection system is weak and worsened by high levels of legal illiteracy in the country, especially among GBV survivors (Orlale 2015).

    Women in Africa choose to engage in issues that are of immediate and direct significance to their daily lives. This enables them to make positive transformational social change or to better the circumstances of their lives and sometimes both. In their endeavor for peace, women are known for organizing themselves based on their gender interests, which may be practical or strategic. In many African countries, women in rural areas mobilize themselves based on practical interest, which in most cases is aimed at resolving basic needs problems. On the other hand, women in big cities or urban areas organize themselves based on strategic interest, to gain access to the social and political sphere, such as in education and politics.

    Moreover, women continue to agitate for change through various platforms, including the formation of organized societies and political movements. One such example is the Maendeleo ya Wanawake Organization (MYWO) in Kenya, which was formed in 1952 as a national and non-profit body that has been instrumental in promoting the empowerment of women, especially in the education and training sector. It has been working throughout Kenya with women at all levels of society. They include women at the grassroots and at the policy level. MYWO believes in changing the attitudes of women about themselves and their prospects and in inculcating positive views about women in society. As an organization that promotes women’s agency, MYWO was the first to use community-based distribution methods (CBDs) of contraceptives. It was also the first to advocate for the eradication of FGM through alternative rites of passage. It has also been involved in girl-child and civic education, advocacy for gender equity, elimination of harmful traditional practices to women’s health, female leadership development, and the promotion of home-based care for people living with HIV/AIDS.

    Another example of women’s organizations in Kenya is the Coalition on Violence Against Women Organization (COVAW). COVAW was founded in 1995 as a response to the silence of Kenyan society on issues of violence against women and girls (COVAW 2016). COVAW’s origin is traced to a workshop organized by Women in Law and Development in Africa (WiLDAF), which identified two critical areas that no organization was dealing with: a) violence against women and girls and b) the lack of women in decision-making processes. The workshop underscored the need to form a coalition that would address these problems. Based on the workshop deliberations, COVAW, which is now a registered non-profit organization in Kenya, was formed in 1995 by some of the participants.

    Women are known for coming together to improve their condition in society because they have the same problems and uncertainties (Ferree and Mueller 2002). However, violence against women and girls remains a major problem in Kenya, and there is still much to be done to curtail this menace because the experience of violence affects women and girls in ways that are often difficult to quantify. Given the magnitude of the problem of violence against women and the formidable work of women’s organizations to combat the problem, the important issue of women’s agency needs to be addressed. This paper adds to our understating of these issues by specifically examining the problem of violence against women and girls through the lens of COVAW. By examining COVAW’s work, the paper simultaneously takes on both the issue of violence against women and women’s agency. COVAW was chosen because of its uniqueness as an organization that is predominantly dedicated to eradicating violence against women and girls in Kenyan society. Moreover, COVAW has gained a significant level of prominence in the country.

    VIOLENCE AGAINST WOMEN AND WOMEN’S AGENCY

    Violence against women and girls has been addressed in both the policy and scholarly domains. While many scholarly works focus on understanding the nature, cause, and effects, a key part of policy work centers on setting the legal instruments for combating the violence. Article 1 of the 1993 United Nations Declaration on the Elimination of Violence against Women (DEVAW) defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life” (United Nations 1993). Article 2 of DEVAW identifies three areas where violence against women occurs, namely, a) the family, b) the community, and c) the state. Within the family, violence against women includes physical, sexual, and psychological violence, wife battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence, and violence related to exploitation. At the community level, violence can include rape, sexual abuse, sexual harassment and intimidation at work and education institutions, trafficking in women, and forced prostitution. State-level violence includes physical, sexual, and psychological violence perpetrated or condoned by state and non-state actors, especially in war situations.

    In the case of Kenya, most of the incidences of violence against women and girls occurs within the family and the community where perpetrators are close acquaintances of the victims. It is also important to note that violence at the family and community level is condoned by the state due to its lack of effective prosecution of gender-based crimes. One common form of state-level violence against women in Kenya is sexual violence, which often occurs in the context of other forms of violations against women, such as extra-judicial killing, serious injury, torture, and forced displacement. The 2013 report of the Truth, Justice and Reconciliation Commission (TJRC) noted that sexual violence was the most common type of violence that women in Kenya experienced. In 2005 alone, COVAW received reports of over 750 cases of sexual violence (TJRC 2013). The types of sexual violations reported to the TJRC include mass rapes (rape of many women in a community at the same time), gang rape (rape of women by more than two men at the same time), sodomy, mutilation of male and female genitals, castration, forced circumcision of both men and women, sexual torture, and penetration of women’s sexual organs by harmful objects (TJRC 2013: 713).

    Kenya is party to various regional and international gender instruments that demonstrate the government’s commitment to attaining gender equity and equality. These instruments include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Beijing Platform for Action, the African Union (AU) Heads of Stats Solemn Declaration on Gender Equality in Africa, and the Optional Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. Also, the 2010 Constitution of Kenya under the Bill of Rights (Chapter 4) recognizes the rights and fundamental freedom of all citizens and guarantees equality and freedom from discrimination on any grounds, including sex. Furthermore, Article 27 in the Bill of Rights stipulates that women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural, and social spheres. Other national legal frameworks include the Sexual Offences Act (2006), Employment Act (2007), Prohibition of FGM Act (2011), the Counter Trafficking in Persons Act (2010), the Protection Against Domestic Violence Act, Gazettement of Sexual Offences Medical Treatment Regulations and Post Rape Care (PRC) Form, and the Victims Protection Act.

    The Government of Kenya has also established various institutions with specific mandates to promote gender equality and equity and empowerment of women and men in the development process. These include the Directorate of Gender in the Ministry of Devolution and Planning, National Gender and Equality Commission (NGEC), Kenya National Human Rights Commission (KNHRC), and the Anti-Female Genital Mutilation (FGM) Board. Gender equality and empowerment of women is a priority in Kenyan development policies, such as Vision 2030 and the Second Medium Term Plan. Some of the gender policies are implemented through special funds at the Ministry of Devolution and Planning, such as the Women Enterprise Fund (WEF), Youth Enterprise Development Fund (YEDF), Uwezo Fund, and the ear-marking of 30% of total government procurement to Women, Youth and Persons with Disabilities. As a government policy, the performance contracts for all ministries, departments, and agencies have to incorporate gender mainstreaming targets (Nairobi City Council County Health Services 2017: ii). The impact of all these efforts is that organizations, such as COVAW, working to reduce violence against women have a legal definition and references that are enshrined in the national, regional, and international legal and policies frameworks. If all these laws and policies are well-implemented by the government, then violence against women and girls would have been eradicated. Unfortunately, that has not yet fully materialized, which creates a real need for women’s organizations such as COVAW.

    According to Francis Onditi and Josephine Odera (2016: 4), in most parts of Africa, women are economically, culturally, socially, and politically disadvantaged. They claim that due to institutional weakness, exclusion, and other barriers, women cannot enjoy their rights in accessing opportunities, decision-making processes, and basic services. Therefore, women are socialized to believe that men are superior and the violence inflicted upon them is a way of correcting their weaknesses. Such views about male superiority increase the rate at which violence is perpetuated against women, who in turn suffer in silence. Another problem is that women and girls are often not informed about their rights, which often leads to the acceptance and normalization of the violence perpetrated against them and the culture of violence and impunity. Too often violence against women is reduced to mere interpersonal crime within families or between strangers (Ahmed 2010: 128).

    Susana Fried (2003: 91) notes that violence and the threat of violence terrorizes many women and keeps them from freely and wholly contributing to the social, economic, and political development of their communities. She further states that violence hinders all women’s abilities to exercise their human rights, and it circumscribes their capacity to function as full citizens in their society. Gender-based violence (GBV) cuts across race, class, religion, age, ethnicity, sexuality, culture, and geographic region (Fried 2003: 91).

    In Kenya, social and cultural norms continue to undermine ongoing legal and administrative efforts to promote gender equality and reduce violence against women. According to COVAW (2017), the patriarchal nature of Kenyan society is the underlying reason for violence again women. Too often, men are believed to be superior to women. Also, many customs continue to oppress women’s freedoms, especially in rural areas. Traditional norms often link a woman’s sexuality to her honor and emphasize the need to ensure chastity, including through the use of FGM. In some Kuria and Teso communities, for example, it is taboo to discuss sexual matters (including sexual violations). Even when there are opportunities to speak out about violations, women in those communities often use alternative expressions to explain attacks against them (TJRC 2013). In Kwale County, marriages are arranged for girls at a young age, which has resulted in numerous cases of early marriages, early pregnancy, and forced marriages (Chimbi 2016). In Kajiado County, particularly among the Maasai communities, FGM is openly practiced even though it is illegal (Chimbi 2016).

    A critical issue in the effort to combat violence against women and girls is agency. Onditi and Odera (2016: 9) outline five aspects of women’s agency: a) women’s access to and control over resources, b) freedom of movement, c) freedom from the risk of violence, d) decision-making over family formation, and e) political participation. Agency encompasses the ability to formulate strategic choices and to control resources and decisions that affect important life outcomes (Mishra and Tripathi 2011: 59). Women’s agency is therefore the ability of women to make effective choices and to transform those choices into desired outcomes. It rests on the fact that women, even within oppressive structures, engage in actions to change the terms of the debate, or lead to transformative change in their lives and society at large. According to Rita Manchanda (2005: 4741), women’s agency is most visible in spontaneous and sporadic interventions to protect their families from immediate violence, in campaigns against human rights abuse and for justice, and in building trust and reconciliation across the conflict divide. Women’s agency is an important constituent of women’s empowerment. Arguably, women’s agency is operative when it results in a fundamental shift in perceptions, or inner transformation, so that women are able to define self-interests and choice and consider themselves as not only able, but entitled to make choices (Mishra and Tripathi 2011: 59). Women themselves must be significant actors in the process of change rather than merely the recipients of change.

    COVAW is a clear manifestation of women’s agency in Kenya. Over the past three decades, COVAW has worked with women and girls to curtail gender violence by making them significant actors in the process of change rather than mere recipients of the change in societies. It has been able to do this by reaching out to the victims of violence and engaging state institutions. By confronting the violence against women and girls, COVAW is contributing to significant change in the way violence against women and children is viewed and addressed. COVAW has been instilling the idea that violence against women is not just a regular crime, but also a violation of women’s human rights. COVAW has been lobbying for legislation; raising awareness through advocacy, education, and training; and developing strong national networks to end the violence.

    COVAW AND THE FIGHT AGAINST GENDER VIOLENCE IN KENYA

    COVAW is a women-led organization guided by feminist and human rights principles (COVAW 2016). It was established in 1995 as a membership organization, which was drawn from professional and individual women and men who are committed to the eradication of violence against women and the advancement of women’s human rights in general. At the time, COVAW strived to offer and effectively manage personalized services on a voluntary basis to its beneficiaries. COVAW’s mission is to “build effective mechanisms for preventing and responding to violence against women and girls” and seeks to promote change in Kenya by working in partnership with community-based organizations to form the critical mass needed to eradicate rampant violence against women and girls. Using a rights-based approach, COVAW believes that women are violated and vulnerable to violence because of unequal power relationships in society.

    Although Kenya has ratified international and regional instruments such as CEDAW and the African Women’s Protocol, the comprehensive Sexual Offences Act was only passed in 2006. The main activities of COVAW include a) strengthening the voice and impact of women leaders as champions of change at the community level, b) linking local issues to the national and regional policy frameworks, and c) providing services to victims of gender violence (COVAW 2012). In order to achieve its mission, COVAW has developed four strategic objectives: to support law enforcement agencies, notably the police and courts, to provide an environment that ensures that women and survivors of violence realize their rights, to directly support women and girls and empower them to stand up for their rights, to empower community change agents and promote an effective and sustainable outreach project on violence against women, and to continue to develop COVAW so that it can be effective in its mission (COVAW 2016). Since its inception, COVAW has been trying to make violence against women a public issue by ensuring that it is recognized as a crime and, more importantly, a human rights violation. To move the issue of violence against women from the private to the public domain, COVAW has embarked on the Breaking the Silence on Violence against Women campaign as one of its core and consistent strategies to create awareness (COVAW 2017). COVAW has successfully spearheaded the 16 Days of Activism campaign in Kenya, which is an annual international campaign from November 25th (the International Day for the Elimination of Violence against Women) to December 10th (International Human Rights Day). The campaign typically pushes three key demands for women: a) the right to be free from violence, b) the right to self-defense, and c) the right to state protection. In addition to the 16 Days of Activism campaign, COVAW has embarked on three major strategic initiatives: a) movement building and community activism (MBCA), b) access to justice and women’s rights (AJWR), and c) advocacy and communication (AC).

    The MBCA initiative primarily focuses on the prevention of violence against women. COVAW works in communities to bring change through the use of the SASA! model to train community activists who are committed to the prevention of violence against women (COVAW 2017), who then initiate community conversations and reflections on the forms of power imbalance that perpetuate violence against women in their community. SASA! is a community mobilization toolkit to influence change in community norms relating to women, entailing four phases: S (Start) is the “Pre-contemplation Phase” when people identify a women’s issue that needs to be addressed at the community level. A (Awareness) is the “Contemplation Phase” when COVAW activists garner information on the issue. S (Support) is the “Preparation for Action Phase” when activists prepare to take action by examining the support system for women within the community. A (Action) is the “Action and Maintenance Phase” when the individuals change their behavior, attitude, and maintain those changes. (COVAW 2017) SASA! is a way of confronting the power imbalances that leads to violence against women and revolves around rethinking power, which is embodied in the slogan “your power, my power and the power we have together.” SASA! frames power in terms of a) the power within a person to prevent violence against women, b) the power over information on and awareness of the issues of violence against women, c) the collective power of people to prevent violence against women, and d) the power to act and make changes in order to address violence against women (COVAW 2017). SASA! is premised on the believe that communities have the power to a) learn and become aware, b) support others, and c) create change for safer and healthier relationships. More importantly, SASA! accentuates the power of women to prevent violence against them and thereby maintain peace (COVAW 2017). The AJWR initiative seeks to strengthen the justice delivery mechanisms and to enable women and girls who are victims of violence to seek redress within the institutions of justice and helps women and girls whose rights have been violated to overcome all legal, social, financial, and structural barriers in the quest for justice. This initiative is premised on Article 48 of the 2010 Constitution of Kenya, which reinforces the right of all persons to access justice without any impediments. AJWR is based on an integrated services approach for supporting survivors of violence, who are provided with legal, medical, and psychosocial support services. Most of these services are delivered through gender-based violence recovery centers (GBVRCs) located within the Kenyatta National Hospital, the Mbagathi District Hospital in Nairobi, the Rift Valley Provincial General Hospital in Nakuru, and the Nyanza Provincial General Hospital in Kisumu. COVAW maintains a constant presence in these centers in order to support survivors (COVAW 2017). The AJWR initiative also has a legal component. Through the AJWR initiative, COVAW conducts awareness forums and legal aid clinics to empower women and girls with knowledge about their rights and the reporting procedures for human rights violations and gender violence. COVAW also collaborates with like-minded human rights organizations (e.g., the Kenyan Chapter of the International Commission of Jurists and Physicians for Human Rights) to improve the implementation of existing national, regional, and international laws and policies as well as actively advocating for new legislative and policy amendments to enhance extant laws and policies (COVAW 2017).

    The AC initiative seeks to enhance the formulation and implementation of laws and policies relating to violence against women and girls. Its main aim is to create an enabling environment for women in Kenya to claim their rights and be vindicated by working with policy makers and law enforcement bodies (COVAW 2017). The AC initiative is premised on the belief that by engaging law enforcement and judicial bodies and key national policy makers, women will receive timely, quality, and effective services in matters relating to violence against them (COVAW 2017).

    As an organization, COVAW has been working mainly in Samburu, Narok, Isiolo, Kajiado, Kisumu, Kisii, Migori, Tana River, Kwale, Nakuru, Kiambu, and Nairobi counties in Kenya. In all of these places, COVAW has been pursuing justice for highly vulnerable persons. For example, the Intellectually Challenged Women and Girls Project provides legal and psychosocial support to mentally challenged victims of SGBV. In Kwale County, COVAW works with young mothers through sensitization campaigns and clubs to train them on sexual and reproductive health and job skills, and in Narok County, COVAW has worked with key decision makers in the community to eradicate some of the traditional practices that are harmful to women, such as FGM. To demonstrate COVAW’s impact, it is useful to focus on two key areas that are at the heart of the problem of violence against women: a) sexual and gender-based violence (SGBV) and b) violence related to harmful cultural practices.

    With respect to SGBV, COVAW has two major projects: the Intellectually Challenged Women and Girls Project and political violence against women, most notably during the 2007–08 post-election period. The Intellectually Challenged Women and Girls Project, which was started in 2013, seeks to provide integrated legal and psychosocial support services to victims of SGBV in Nairobi and Kiambu counties, specifically those with mental health challenges. Each year, over four hundred women benefit from the Intellectually Challenged Women and Girls Project, which provides free legal aid to survivors of violence and facilitates court representation through pro bono advocates. Currently, there are twenty-three volunteer advocates who provide litigation assistance. In addition, COVAW has trained over two hundred community paralegals as a part of this project, who receive and manage cases of sexual and gender-based violence within their communities. A key part of their work is the appropriate collection and preservation of evidence, which is critical for the successful prosecution of perpetrators of violence against women and girls (COVAW 2016). In addition to direct prosecution, the Intellectually Challenged Women and Girls Project also provides capacity training for medical and law enforcement professionals on how to address sexual and gender-based crimes, most of which target police officers, health care service providers, county administrators, prosecutors, magistrates, and district level social welfare officers. The trainings typically address structural and social challenges experienced by survivors of violence (COVAW 2017).

    The second project focuses on political violence against women, most notably the 2007–08 post-election violence. The goal of the project is to provide psychosocial assistance to the victims of sexual and gender-based violence during this period and also seeks to secure justice for them (TJRC 2013). A notable element of this project is the public interest litigation case (Petition No. 122 of 2013) filed by COVAW on February 20, 2013 seeking compensatory relief for victims, which includes women from Nairobi, Kericho, and Kisumu, the most affected areas during the 2007–08 post-election violence. The lawsuit was filed in partnership with the Kenyan chapter of the International Commission of Jurists, Physicians for Human Rights (PHR), and the Independent Medico-Legal Unit (IMLU), which is a Kenyan NGO. The lawsuit was filed against the Kenyan state and named the attorney general, the director of public prosecutions, the inspector general of the National Police Service and the Independent Police Oversight Authority, the Ministry of Medical Service, and the Ministry of Public Health and Sanitation as the defendants. The key claim of the lawsuit is that a) the government failed to properly train and prepare the police to protect civilians from sexual violence, b) the police refused and/or neglected to document and investigate claims of SGBV, c) the government denied emergency medical services to victims, and d) the government failed to provide necessary care and compensation to the victims (COVAW 2017). Two of the respondents in the case, the director of public prosecutions and the inspector general of the National Police Service, filed their responses to the petition on January 22, 2014. The commencement of the hearing of evidence (commencement of the trial) began on March 25, 2014. The case is still ongoing (COVAW 2017).

    The second major focus area for COVAW has been on violence related to harmful cultural practices, such as female genital mutilation (FGM), early marriages, and forced pregnancies. COVAW has three main projects in this area: the Sexual and Reproductive Health Rights of Women and Girls in Narok County, the Maanda Sexual and Reproductive Health project in Narok County, and the Kwale Girls Project. The Sexual and Reproductive Health Rights of Women and Girls in Narok County project centers on local community activism and advocacy for laws, policies, and guidelines that are gender friendly (COVAW 2016). The Maanda Sexual and Reproductive Health project (2015–17) in Narok County focuses on addressing gender inequalities to improve sexual and reproductive health outcomes for women through, for example, educational activities geared toward changing social norms and attitudes related to reproduction and family planning. The project has been implemented in three sub-counties in Narok County: South, North, and East. The third project is the Kwale Girls Project, whose overall aim is to improve educational rights for girls in Kwale county by addressing factors that impede their education both at school and within the community through teacher training, public sensitization campaigns, and the establishment of after school clubs for girls that provide basic education on sexual and reproductive health and life skills.

    CONCLUSION

    Despite the fact that African women are primarily seen as victims of violence, they have also emerged as tremendous human resources at the local, national, and international levels. By using women’s agency, women’s organizations, such as COVAW, have proved that they have the abilities and capacities to combat violence against women and girls. In a way, the successes and challenges of COVAW illustrate the broader issues of women’s agency in combating gender-based violence in Kenya. Overall, COVAW has been successful in empowering women, raising awareness, and deterring violence against women. In particular, COVAW was a key player in the fight to pass the Domestic Violence Act in 2015. Arguably, there is an improved understanding of the legal provisions and procedures relating to violence against women in Kenya, and COVAW has been a key player in that endeavor. In many places, COVAW’s training of community members as paralegals has improved the quality of case handling and enabled more victims of gender-based and sexual violence to access justice, including numerous convictions.

    REFERENCES

    Ahmed, Fatuma. 2010. “War and Armed Conflict: Threat to African Women’s Human Security.” In Gender Imperative: Human Security vs. State Security. Edited by Betty A. Reardon and Asha Hans, 110–37. New Delhi: Routledge.

    Chimbi, Joyce. 2016. “GBV Reports Reveal Worrisome Trends.” Kenyan Woman, March 4. http://kw.awcfs.org/article/gbv-reports-reveal -worrisome-trends/.

    COVAW. 2017. “Herstory.” Accessed January 10, 2017. https://covaw.or.ke /who-we-are/herstory/.

    ———. 2016. New Heights Scaled: A Glimpse into 2015. Nairobi: Coalition on Violence Against Women (COVAW).

    ———. 2012. Scaling New Heights: Strategic Plan 2012–17. Nairobi: Coalition on Violence Against Women (COVAW).

    Ferree, Myra Marx, and Carol McClurg Mueller. 2002. “Feminism and the Women’s Movement: A Global Perspective.” In The Blackwell Companion to Social Movements. Edited by David A. Snow, Sarah A. Soule, and Hanspeter Kriesi, 576–607. Victoria, Australia: Blackwell Publishing.

    Fried, Susana T. 2003. “Violence Against Women.” Health and Human Rights 6 (2): 88–111.

    Kariuki, Sicily, Siddharth Chatterjee, and Stefano A. Dejak. 2016. “Let’s Unite to End Violence Against Women in Kenya.” Inter Press Service (IPS) News Agency, November 25. http://www.ipsnews.net/2016/11/lets-unite-to -end-violence-against-women-in-kenya/.

    Kenya National Bureau of Statistics (KNBS). 2014. “Kenya Demographic and Health Survey.” https://dhsprogram.com/pubs/pdf/fr308/fr308.pdf.

    Manchanda, Rita. 2005. “Women’s Agency in Peacebuilding: Gender Relations in Post-Conflict Reconstruction.” Economic and Political Weekly 40 (44): 4737–45.

    Mishra, Nripendra Kishore, and Tulika Tripathi. 2011. “Conceptualising Women’s Agency, Autonomy and Empowerment.” Economic and Political Weekly 46 (11): 58–65.

    Nairobi City Council County Health Services. 2017. “Gender Mainstreaming Policy Guidelines.” http://www.nairobi.go.ke/assets/Uploads/GENDER -MAINSTREAMING-POLICY-DOCUMENT.pdf.

    Onditi, Francis, and Josephine Odera. 2016. “Gender Equality as a Means to Women Empowerment? Consensus, Challenges and Prospects for Post-2015 Development Agenda in Africa.” Africa Geographical Review 36 (2): 1–22.

    Orlale, Odhiambo. 2015. “Shocking Statistics on Status of GBV.” Kenyan Woman, December 1. http://kw.awcfs.org/article/shocking-statistics -on-status-of-gbv/.

    Truth Justice and Reconciliation Commission (TJRC), Kenya. 2013. “Report of the Truth, Justice and Reconciliation Commission, volume IIa.” https://blogs.qub.ac.uk/remedy/files/2014/02/TJRC_report _Volume_2A.pdf.

    United Nations. 1993. “Declaration on the Elimination of Violence against Women.” http://www.un.org/documents/ga/res/48/a48r104.htm.

    Fatuma ahmed ali (fmali@usiu.ac.ke) is associate professor of International Relations at the United States International University—Africa (USIU-A) and an external researcher of the Interuniversity Institute for Social Development & Peace (IUDESP) of the Universitat Jaume I, Castellón, Spain. She holds a European Doctorate with distinction and an International Master’s in peace, conflict and development studies from the UNESCO Chair for Philosophy of Peace, Universitat Jaume I, Castellón, Spain. She has published several chapters and articles in Spanish and English. Her research interests include issues related women and peace, sexual and gender-based violence, Islamic feminism, and peace journalism.

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  • Telling signs of abuse

    Author: covaw Category: Articles , No Comments

    With the increase of the number of cases of abuse it is very important to know and to identify signs of abuse. They are quite general and most of the times are not indicative of abuse. However, should you see someone showing the following signs, please find out what could be troubling them;

    1. The person has changed in terms of their behaviour. Victims of abuse will become secluded and start avoiding social gathering. This could be because they are either terrified of their abusers or they are ashamed about the fact that they are being abused. The victims could also start wearing heavy makeup or clothes to hide their face or their scars. Victims of emotional abuse may start doubting themselves or have low self-esteem, which may have not been present before.

    2. Victims of physical abuse usually have injuries which they themselves cannot explain or have weak excuses for. They at times become defensive, angry or emotional when they are probed further on what happened. They want people to know that everything is fine, but in reality they are afraid if people continue asking questions their abusers will blame them for not making up better excuses. Most of the times when the victims go to the hospital, they get asked by the nurses or doctors about what happened. However, they are usually accompanied by their abusers who want to make sure they do not report the abuse. When asked, the victims collaborate the abusers’ stories without question.

    3. The most important sign to watch out for is signs of control. Most abusers want to control their victims. When they feel they have no control they resort to physical, emotional or sexual abuse. The victims will most likely be on their phones calling and texting where they are and what they are doing to their abusers. This is in an effort to make sure the victims do not report the abuse they face. Whenever the victims are around the abuser, as stated above, they tend to keep quiet, are submissive or they agree with everything their abusers are saying. The victims will also be constantly asking for permission or approval from their abuser before they do anything, which may not have been the case before.

    If you ever get a chance to spot any of these signs, please do not assume that they mean the person is being abused or take matters into your own hands. Approach with caution, investigate and find out if really the person is being abused. Once you have established the person is being abused, make sure you report the matter to the relevant authorities. We all have a responsibility in addressing cases of abuse. Report it before it is too late.

    SASA! Initiative In order to identify and create awareness concerning abuse, violence on women and children, the Coalition on Violence against Women (COVAW) uses the SASA! approach. SASA! is a Swahili word that means “Now” and it is an acronym for the four phases that are used to engage the community to build their capacity to prevent and respond to cases of abuse and violence.

    S – Start. This is the initial phase of the project where the community members are made aware that they have the power to stop cases of abuse.

    A – Awareness. The community is then informed about power and the fact that during abuse the perpetrators use power over the victims to make them submit to their control.

    S – Support. The community members are then trained that they can support the victims of abuse. They support by joining their ‘Power with Others’.

    A – Action. The community members are encouraged to take action and use their power to prevent abuse. (SASA! is a model developed by Raising Voices, Uganda)

    Report the cases to:

    The Healthcare Assistance Kenya Hotline 1195,

    Childline Kenya 116,

    The National Police Service Hotline 999, 112, 911

    COVAW 0722 594794 or 0733 594794 info@covaw.or.ke

    References Help Guide. Org. (2018) Domestic violence and abuse: Recognizing the signs of an abusive relationship and getting help. Retrieved from https://www.helpguide.org/articles/abuse/domestic-violence-and-abuse.htm on 3rd October 2018

    Raising Voices (2018). SASA! is a ground-breaking community mobilization approach developed by Raising Voices for preventing violence against women and HIV. Retrieved from http://raisingvoices.org/sasa/ on 4th October 2018

    Very Well Mind. (2017). Top warning signs of domestic abuse. Retrieved from https://www.verywellmind.com/signs-someone-is-being-abused-66535 on 3rd October 2018

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  • Welcome Our New Executive Director

    Author: covaw Category: Articles , No Comments

    Wairimu Munyinyi-Wahome is an advocacy and policy specialist, with over 16 years of international experience, including in Namibia, Somaliland, Sierra Leone and, more recently in Kenya. In these countries, Wairimu has served in various roles including Advocacy Advisor, Mainstreaming Coordinator with Concern Worldwide, Country Advocacy Manager with Oxfam where she also briefly served as an Acting Country Director. In Kenya, Wairimu has served with the Norwegian Refugee Council as the Regional Advocacy, Protection and Communications Advisor for Eastern and Horn of Africa and Yemen. She served with Oxfam in Kenya as the Programmes Director.

    Wairimu is passionate about gender and development issues and is keen to see that laws and policies in development accord women and girls their rightful place in the mainstream agenda and that their rights are secured and respected as they pursue their potential as equal citizens. Wairimu believes strongly that for African countries to move to the next frontier of development, they must firmly embed the rights of women and girls in their interventions, by ensuring that they are protected and safe to contribute to development processes in their personal and public spaces.

    Wairimu holds a Bachelor of Arts Degree in Social Sciences from the Catholic University of Eastern Africa, an Honors Degree in Development Studies from the University of South Africa and is currently pursuing a Master’s Degree in Public Policy and Management from the Strathmore Business School. Wairimu is a proud alumnus of Loreto High School, Limuru.

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