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.