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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 tohave 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 issuesrelating 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, 1ob2

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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 formt!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 %ultiSectoral +ask &orce o" the

Im+%eme"tt!o" of the Se#$% Offe")e( A)t

L&!e( "& Ge"t%eme",

+he ODPP has undertaken a number of initiatives geared towardsenhancing 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!0t!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 CHALLENGESin prosecutionof 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 inspite 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( fm!%!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 traumatisedvictims testifying and affects the :uality of evidence they

will adduce before court$

5$ +he !"terfere")e of *!)t!m( 34 +er+etrtor(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 !" mtter -here

he -( ))$(e& SOA offe")e +he court found that the

samples were obtained illegally and in complete disregard ofhis 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$

.;=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 agedtend 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$

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@$ +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