Outcome RD_D_3.2

Uptake of essential justice services by survivors VAWG increased

In 2021, there was increased uptake of justice services by survivors of VAWG. UN Women contributed to this through continued support to an improved legal and policy environment on GBV both at National and County levels through technical Assistance in select counties to develop and implement GBV model policies and laws; capacity building of key duty bearers to enforce and implement GBV legislation at both national and county level; strengthening GBV coordination mechanisms and directly supporting survivors through their networks to access GBV essential services. This was achieved through support to various counties (Turkana and Kitui) in the development and/or review of their GBV policies to be aligned to national laws and policies, as well as convening support to various interest groups to be able to articulate their specific issues in the development of these laws and policies as part of public participation processes. Through UN Women support, six-county GBV policies were reviewed to align them to the Model County GBV policies and with relevant national laws and policies of GBV prevention and response. To ensure that the GBV policy review processes were gender-responsive and inclusive, duty bearers, members of the county GBV working groups and survivors networks were convened to provide their feedback on the draft policies, as a crucial part of public participation processes. Moreover, the capacity of the county duty bearers was strengthened through training on gender-responsive planning and budgeting, to enhance their capacity to advocate for prioritising GBV financing by the counties. This is a complimentary process to the development and review of GBV policies to ensure the counties have prioritized and set aside adequate funding for the implementation of the policies being developed or reviewed. A key aspect of increasing uptake of essential justice services entailed supporting GBV data that will be used for evidence-based policy and programming. UN women supported this through support to the KDHS process to include a GBV module for the first time, and the review of various tools that will be used in the process.

Uptake of essential justice services by survivors VAWG increased

There has been significant progress towards increasing the uptake of essential justice services as evidenced by increase in the number of GBV cases reported to the national GBV helpline Health Assistance Kenya (HAK) 1195, as well as the case disposal rate as reported by the Judiciary through the State of the Judiciary and Administration of Justice Reports (SOJAR). According to data from the HAK 1195, 5,689 women and girls reported GBV cases and accessed various essential services in 2022, a 77.7% increase from 2021, where only 3201 women and girls reported GBV cases. Furthermore, increased access to justice services is evidenced by the increase in the rate of resolution of filed GBV cases, as well as the average time taken to finalize/complete cases in court (SOJAR). There was a 40.5% increase in the rate of resolved cases, from 6,043 [1] to 8,489 [2] (SOJAR). This means that the rate of resolved cases increased from 58,2% to 98% from the total number of filed cases. Anecdotal evidence from Court Users Committees (CUCs) from Kisumu, Bungoma and Vihiga counties supported by UN Women reported that it now takes an average of 3-4 months to finalize a GBV case once filed in court due to various measures put in place to fast-track the hearing of GBV cases [3] , as opposed to previously where such cases could take up to two years [4] . These positive trends can be partly attributed to the improved GBV policy environment as in 2019 only three counties [5] had gender-related policies and in 2022 the number 22 [6] . ( The data on the SN indicator target 6 months -Average time taken to complete police investigation in reported cases of VAWG- will be added when UN Women survey is completed in early 2023). However, despite the above noted positive trends in GBV reporting and the rate of resolution of GBV cases in court, there was a slight decline (16.6%) in the number of cases filed in court, from 10,388 cases in 2021 to 8,657 cases in 2022. This can be attributed to several challenges faced by GBV survivors, such as the high costs of accessing justice (the average cost of medical-related expenses for GBV survivors and family is estimated at $160 USD as per the UNCT Common Country Analysis), long distances to health and justice facilities, delays with court processes, and witness intimidation and interference. The decline may also be attributed to the continuously increasing costs of living in Kenya, which has left GBV survivors with even less resources and to prioritize critical needs other than to take their cases to the justice system. For UN Women going forward, efforts will therefore focus on ensuring accountability for delivery of quality services and access to justice for GBV survivors, through supporting the full implementation of GBV laws and policies, the provision of legal aid services to alleviate the financial burden of accessing justice, among others. In addition, the number of reported Violence Against Women in Election (VAWE) cases decreased significantly, from 201 reported cases of sexual violence in 2017 to 3 cases during the 2022 Kenyan General Elections. Through cross-thematic efforts, UN Women contributed to this result at output level by increasing the capacity of duty bearers in prevention of and response to VAWE and essential service provision to GBV survivors through training on elections security preparedness, supporting the development and review of contingency plans at the national and county levels, strengthening coordination structures at the county and community levels thus censuring that critical information is shared amongst relevant actors to inform hotspots mapping, early warning, early response systems, and convening community dialogues between right holders and duty bearers, which helped build trust and break down barriers and encouraged information sharing. UN Women contributed to these results by supporting the justice actors through training and mentorship to enhance their capacity in providing survivor centered approaches and upholding human rights standards in investigation, prosecution and adjudication of GBV cases. UN Women also supported GBV coordination mechanisms, such as court users committees (CUCs) to enhance collaboration between duty bearers and right holders in addressing challenges and gaps as regards to access to justice for survivors at the county . UN Women further supported the counties and duty bearers to better understand and deliver their responsibilities on GBV service provision. UN Women issued grants to CSO partners to offer support to survivors to alleviate the financial burden of accessing essential services. In addition, UN Women provided advise to formulate content for training and facilitate sessions, inputs to advocacy briefs and materials to ensure alignment to global UN Women standards. UN Women and implementing partners also contributed to improving the collection, analysis, disaggregation and utilization of credible GBV data, which has been used for evidence-based programming and advocacy e.g. in 2022 General (relevant GBV data was shared with the GBV hotspot counties to inform contingency planning). UN Women, the National Police Service, the National GBV Helpline Health Assistance Kenya (HAK) 1195, Civil Society implementing partners built the capacity of the duty bearers and supported the GBV survivors to access justice and essential services nationally and in the targeted counties (Kwale, Kitui, Marsabit, Turkana, Nairobi, Kisumu, Vihiga, Bungoma, Homa Bay, Migori, Kisii, Kericho). The CSO implementing partners Wangu Kanja, World Vision, ADSOCK, International Association of Women Judges (IAWJ), Physicians for Human Rights (PHR) and the National Police implemented the activities on the ground at the county level. The activities included increasing legal awareness through advocacy, capacity building of duty bearers in the counties, essential service provision (council, shelters, legal aid) including handholding and offering peer support to the survivors navigate through the legal . [1] Financial year 2020-2021 [2] Financial year 2021-2022 [3] Including adoption of technology and virtual hearings, and the establishment of specialized GBV courts [4] https://africa.unwomen.org/en/stories/news/2022/12/the-corridors-of-justice-for-sexual-and-gender-based-violence-survivors-tamu-law-courts-western-kenya . [5] Meru, Migori, Kisumu [6] Kajiado, Machakos, Narok, Tharaka Nithi, Nakuru, Nairobi, Kisumu, Makueni, Busia, Homa Bay, Siaya, Kakamega, Migori, Meru, Kilifi, Taita, Baringo Tana River, Samburu, Elgeyo Marakwet, Isiolo, Marsabit