Given the rising cases of gender-based violence in Kenya and Africa, including those that do not make it to the mainstream media just because the victims are not high-profile persons, do you feel like the criminal justice system is doing enough?
Gender-Based Violence v/s The Criminal Justice System
I have experienced violence both publicly and domestically. I believe the criminal justice system, though very wanting in many ways, is NOT the solution. Also, the judiciary’s job is to interpret the law not enforce it … further more, the executives job is to enforce the law created by the legislature – again, no solutions from these institutions. The approach has to be ‘reparative’ not ‘retributive’. We [Kenya] are currently using the latter approach.
A solution would be to deal with the problem before it happens (prophylactic) until it eventually stops happening.
What I discovered is that violence is not inherent in individuals unless of course they suffer congenitally/physiologically from mental illness that can be manifested by acts of aggression. Most often the violent nature in persons is a consequence of socialisation and environment i.e. those brought up in households with violence are likely to be violent. HOWEVER, this is not a direct correlation and, in fact, many people who grow up in violent homes DO NOT become violent themselves.
In short, violent behaviour as characterised by individuals is a complex matter with many contributing factors so, to deal with it, we must be cognizant to these multiple factors. Drug use/abuse also contributes to violent behaviour in some individuals as much as self-esteem issues may lead to the same (e.g. a person who feels that the only way they can express themselves is via aggression).
I also learned, through personal experience, that violence/abusive behaviour is a vicious cycle if left untreated. This inspired my short film KALEIDOSCOPE (2016) which is themed on GBV along with mental illness as a sub-theme. Do watch it via below link: –
You have overlooked so many factors by considering nyumba kumi initiative as a work tool. These include:-
1. How effective was nyumba kumi initiative before? Do you have stats?
2. Homes in some rural areas are usually separated by fencing and are far apart by kilometres to the extreme, in such cases how reliable will being a witness be?
Technology isn’t stopped by fences. Globalization is proof of that and that’s why I am confident supporting it.
There is a lot of collaboration to be done between the judicial system and the technology industry particularly in terms of smart technology. This will create justice for all when the advanced technology created out of the collaboration has had its availability extended to the reach of everyone. This is possible.
GBV is mostly carried out by young men. Too many are coming from broken homes. And I think as a long term solution we need to build stronger families. Depending on the law is just dealing with the symptoms, it’s a short term, frustrating process, and hardly results injustice. It’s not prohibitive. When you talk of resources these are normally always directed at victims and never at restorative or preventative measures so we are constantly dealing with symptoms.
Gender-based violence will always be a victim & loss against the criminal justice system because these individuals ain’t known in the community, society, or the country & most are poor, ,& we all know to demand justice u have to pay.