Lack of facilitation for healthcare workers to travel to court to provide evidence in defilement cases is a significant obstacle to justice for survivors in Elgeyo Marakwet County.
A Gender Based Violence Coordinator at the Iten County Referral Hospital (ICRH), Philemon Kittony, told the County Gender Sector Working Group (CGSWG) meeting in Iten that lack of expert evidence of healthcare workers in defilement cases has led to many of the cases being lost.
Kittony told the meeting chaired by the County Commissioner, John Korir, that the issue has also affected the referral pathway of GBV cases, saying most of them are referred to ICRH, the health facility next to Iten law courts.
Many survivors give up due to financial constraints, discomfort, and the need for evidence, as they cannot afford public transport to Iten. However, he urged partners in the GBV fight to provide dignity packs for survivors, as undergarments are crucial court evidence, leaving them in awkward situations.
The officer emphasized the
importance of establishing a rescue centre in the county, as many survivors are often kept in hospital wards due to relatives’ lack of transportation.
Kitonny advocated for probono lawyers, citing that many victims of GBV are impoverished, while some perpetrators have access to legal representation.
Addressing the same meeting, Rachael Mwangi from the Office of the Director of Public Prosecution (ODPP) said many cases are lost in court after complainants are threatened by the perpetrators or are compelled by family or community members not to testify.
She added that some police officers make very weak statements, which cannot sustain a conviction, while others do not bond witnesses, leading to the cases being thrown out.
Other challenges faced in prosecution of GBV cases, the ODPP said, were lack of witnesses and taking such cases to kangaroo courts, which is illegal.
The CGSWG called on the Judiciary to expedite the operations of Chesoi and Chepkorio courts, which have already been gazetted, saying they
will reduce the distance to courts and thus enable more to access justice.
Source: Kenya News Agency