International Journal of Social Science & Economic Research
Submit Paper

Title:
ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE?

Authors:
Mercy Mwarah Deche, Dr Sarah Kinyanjui, Prof Kiarie Mwaura

|| ||

Mercy Mwarah Deche, Dr Sarah Kinyanjui, Prof Kiarie Mwaura
University of Nairobi, Kenya

MLA 8
Devi. M.B., Dr. Syamala, and Safniya P.P. "ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE?" Int. j. of Social Science and Economic Research, vol. 4, no. 7, July 2019, pp. 4997-5020, ijsser.org/more2019.php?id=382. Accessed July 2019.
APA
Devi. M.B., D., & P.P., S. (2019, July). ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE? Int. j. of Social Science and Economic Research, 4(7), 4997-5020. Retrieved from ijsser.org/more2019.php?id=382
Chicago
Devi. M.B., Dr. Syamala, and Safniya P.P. "ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE?" Int. j. of Social Science and Economic Research 4, no. 7 (July 2019), 4997-5020. Accessed July, 2019. ijsser.org/more2019.php?id=382.

References
[1]. D Finkelhor and J D Leatherman, 'Victimization of Children' (1994) American Psychologist, 49(3) 173.
[2]. The Constitution 2010 (KEN) Art 21(3) Available at accessed 2 June 2018.
[3]. L Hoyano and C Keenan, Child Abuse: Law and Policy Across Boundaries (OUP 2010) 194.
[4]. WHO (Report of the Consultation on Child Abuse Prevention) 'World Health Organization, Social Change and Mental Health, Violence and Injury Prevention' (1999) 13 accessed 16 July 2013.
[5]. UNGA Report of the Secretary General 'Violence Against children in the home and family' (2006), para 28 , accessed 27 November 2013 (emphasis mine).
[6]. UNGA Report of the Special Representative of the Secretary General 'Violence Against Children With Respect to the Caribbean' (2006) < http://srsg.violenceagainstchildren.org> accessed 4 April 2012.
[7]. UN Committee on the Rights of the Child, ' General comment No 8' in 'Note by the Secretariat, Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies' (2 March 2007 ) UN Doc CRC/C/GC/8. accessed 4 April 2012.
[8]. UN Committee on the Rights of the Child, 'Replies by the Government of Kenya concerning the list of issues (CRC/C/KEN/Q/2 ) Received by the Committee on The Rights of the Child relating to the consideration of the second periodic Report of Kenya (28 November 2006) UN Doc CRC/C/KEN/2 https://digitallibrary.un.org/record/589667/files/CRC_C_KEN_Q_2_Add.1-EN.pdf accessed 2 June 2018.
[9]. ICRH Kenya ' An Investigation of the Barriers to Accessing Justice Study for Survivors of SGBV in Mombasa, Kenya' (2013) (unpublished, on file with the author).
[10]. Interview with Chege, Sub County Children's Officer, Naivasha (Naivasha Children's Office, 15 November 2016).
[11]. Interview with Okwengu, J, Judge of the Court of Appeal, Kenya (Supreme Court Building, 17 July 2017).
[12]. Roger J R Levesque, Sexual Abuse of Children: A Human Rights Perspective (Indiana University Press 1999).
[13]. Section 8, The Sexual Offences Act 2006 (KEN).
[14]. B Ryan, et al. 'Treatment of Intra-familial Crime Victims ' (1998). accessed 11 September 2013.
[15]. Article 16, African Charter on the Rights and Welfare of the Child, (adopted July 1990, entered into force 29 November 1999) (1990) OAU Doc.CAB/LEG/ 24.9/49.
[16]. The Constitution (n 2 ) Art 48.
[17]. Penal Reform International, 'Access to justice in sub-Saharan Africa: The role of traditional and informal justice systems' (November 2000) 10. Available at www.penalreform.org, accessed 25 November 2013.
[18]. UN Committee for the Elimination of All Forms of Discrimination against Women, 'General Recommendation No 33' in 'Note by the Secretariat, Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies' (29 July 1994) UN Doc HRI/GEN/1/Rev.1
[19]. H N Snyder, 'Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident, and Offender Characteristics' (2000) A NIBRS Statistical Report.< https://www.bjs.gov/content/pub/pdf/saycrle.pdf> accessed 5 June 2018.
[20]. General Recommendation No 33 (n 18) 3 para 1.
[21]. P K. Mbote & M. Akech, Kenya, Justice Sector and the Rule of Law (Johannesburg: Open Society Initiative for Eastern Africa 2011) 157.
[22]. The Constitution (n 2) Art 46.

Abstract:
Child sexual abuse within the family, hereinafter referred to as Intra-Familial Child Sexual Abuse (IFCSA) is prevalent enough to prompt specialized attention. Its impact differs from that of child sexual abuse by a non -family member because of the unique specificities associated with it. These include its interaction with patriarchy, family set up, livelihood, associated stigma and taboos, community expectations, and the question of ownership of the conflict. The law in Kenya, however, responds to IFCSA under the same legal framework that it responds to child sexual abuse by a stranger. When the law fails to pay due regard to these specificities, the victim's right to access to justice is impeded and remains out of reach for IFCSA victims.
This paper discusses the specificities and the extent to which they impede access to justice. The discussion in this paper is based on a qualitative desk and field research carried out as part of the author's doctoral research. The field data was collected from three of the forty seven counties in Kenya. This was mainly through in-depth interviews with judicial officers, senior officers from the Department of Children Services, and Probation and After Care Services, legal practitioners, community elders, police officers and IFCSA convicts and victims.