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Lynnet Wawira
Nyati

Gender-Based Violence v/s The Criminal Justice System

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?

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  1. 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 legislatuRead more

    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: –

    KALEIDOSCOPE (2016)
    https://www.youtube.com/watch?v=-0OzYFWvl7E

    See less

5 Answers

  1. 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 legislatuRead more

    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: –

    KALEIDOSCOPE (2016)
    https://www.youtube.com/watch?v=-0OzYFWvl7E

    See less