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Kenya: Sexual abuse in the workplace and available state protection for victims, including existing legislation and administration of justice; whether police corruption can result in a victim being framed for other crimes; services provided by non-governmental organizations and their effectiveness (1998 to January 2001)

A January 2000 report by the Nairobi-based The Nation stated that sexual harassment in the workplace was very common in Kenya and that it was generally tolerated by employers (8 Jan. 2000). In 1997, the Support Kenyan Women Against Sexual Harassment Forum conducted a study to ascertain the prevalence of sexual harassment in Kenyan society; 94.6 per cent of the respondents reported having been harassed at some time or another (ibid.). With regards to services available to victims of sexual harassment in the workplace, the report states that free legal advice may be obtained by the Federation of Women Lawyers (ibid.). While Kenyan law has clear provisions protecting women against "overtly violent acts such as physical assault," the Penal Code does not address the "psychological, verbal and emotional manifestations of sexual harassment" (ibid.).

Legislative initiatives for women in Kenya include the approval of a motion on affirmative action in Parliament in April 2000 and the launching of the Equality Bill in October 2000 (ibid. 28 Dec. 2000). The Equality Bill, backed by the Federation of Women Lawyers, but contested by Muslim women who considered it "anti-Islamic," has been tabled in Parliament (ibid.). However, Muslim women came to eventually support the affirmative action initiative after receiving assurances that they could be exempted from provisions already covered in the Koran (ibid.). On the Equality Bill, an earlier The Nation report states that:

[It] seeks to prohibit discrimination and promote equality of access and opportunity for all. It focuses on discrimination in employment, education, health services, health-care benefits, accommodation, associations, professions, appointments to public office, and the provision of goods, services and facilities (11 Nov. 2000).

The bill also addresses the issue of sexual harassment as a form of discrimination and would "provide support and protection to those seeking to uphold their rights in the face of such discrimination" (ibid.). The bill aims to help marginalized groups in society: women, children, pastoralists, religious minorities and disabled people (ibid.). No additional information on the Equality Bill could be found among the sources consulted by the Research Directorate.

The Nation also reports that the Employment Act "discriminates against women with regard to maternity leave, promotion and privileges in the place of work" (ibid.).

Another legislative project addressing the situation of women in Kenya is the publication by the Attorney-General of the Criminal Law Amendment Bill, which, when enacted, will provide redress to girls and women who have been victims of sexual violence (ibid. 28 Dec. 2000).

With regards to the role of non-governmental organizations in Kenya, WIN News reported in January 1999 that most campaigns against gender-based violence had come from the work of NGOs, such as the Federation of Women Lawyers, the Coalition on Violence Against Women and the Support Kenya Women Against Sexual Harassment (31 Jan. 1999). The report adds that the Judges and Magistrates Association and the Women's Rights Awareness Programme, which operated Kenya's only shelter for battered women, had also played an important role in combating violence against women (ibid.). A 21 April 2000 India Abroad report stated that Karuna Charities Inc., a non-profit group based in New York, had established another women's shelter in Nairobi.

On the effectiveness of NGO work in Kenya, the WIN News report states that their efforts were limited by the lack of government policy and intervention in matters related to violence against women (31 Jan. 1999).

While not specifically mentioning gender-based violence in Kenya, a November 2000 The Nation report provides information on the conditions in which police carry out their work in the country (20 Nov. 2000). The report for example states that there is "massive dissatisfaction with police pay and conditions" in Kenya (ibid.). In an open letter sent to the Kenyan president by police officers in Kericho, Meru, Siaya, Mombasa, Kisumu, Embu and Nairobi, "the policemen complain of various problems including lack of housing facilities and low salary" (ibid.).The government promised to improve the working conditions of the police officers and to increase their salaries "when the economy improved" (ibid.). The letter also claimed that "'the insecurity in the country is as a result of the low morale in the police force'" and that the force would collapse unless there was serious restructuring (ibid.). The letter acknowledges the rampant corruption in the police force, an allegation the government denied (ibid.). However, a special investigative report by a former police commissioner revealed that the Kenyan police force had been plagued with "brutality, bribery and theft" (ibid.). No information on whether police corruption might lead to a victim of sexual abuse being framed for other crimes could be found among the sources consulted by the Research Directorate.

Please consult KEN34709.E of 19 June 2000 for information on spousal abuse, legislation and resources available for battered women.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

India Abroad [New Delhi]. 21 April 2000. "Karuna Charities Holds Fund-Raiser." (The Ethnic NewsWatch 21 Apr. 2000/NEXIS)

The Nation [Nairobi]. 28 December 2000. Jacinta Sekoh-Ochieng. "Kenya; Year of Landmark Gains for Women." (Africa News/NEXIS)

_____. 20 November 2000. Mburu Mwangi and Murithi Muriuki. "Our Strike Still On, Say Police." (NEXIS)

_____. 11 November 2000. Martha Koome. "Draft Equality Bill Is not Just About Gender (Commentary)." (Africa News/NEXIS)

_____. 8 January 2000. Geeta Narayan. "Kenya; Persecution At Work." (Africa News /NEXIS)

Win News [Lexington, Mass.]. 31 January 1999. "Kenya: 'Let's Shame the Bullies'." (NEXIS)

Additional Sources Consulted

Africa Confidential [London]. 1999-2000

Africa Research Bulletin [London]. 1999-2000

Indian Ocean Newsletter [Paris]. 1999-2000

IRB Databases

World News Connection (WNC)

Internet Sites including:

All Africa.com

Amnesty International (AI)

CEDAW

Human Rights Watch (HRW)

ReliefWeb

UNIFEM

Women's Watch

World Health Organization (WHO)

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