APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 196. Access to justice for victims: The response of the police to electoral violence crimes of sexual violence reflected an attitudinal barrier to deliver justice for women. The Commission of Inquiry into the Post-Election Violence for example rued the fact that despite overwhelming evidence of the occurrence of sexual violence and the several charges levelled against police officers, there was apparent lack of interest of the police in sexual violence crimes in general and inaction towards police officers accused of perpetrating the crimes.15 Also, the police reports to the Commission omitted data on sexual violence. 197. There are gender desks established in police stations although they comprise of either gender, which could deter traumatised women from seeking recourse. The desks tend to be underfunded and lacking in trained personnel with gender responsive skills. Prosecution rates for sexual offences are still low due to evidentiary requirements that place a burden on victims and the majority of the victims are unaware of their legal rights and procedural requirements. 198. The Directorate of Public Prosecutions established a Sexual Offences, Gender Violence and Victim’s Rights Section, which is run by Special Prosecutors. In June 2016 the Director of Public Prosecutions indicated that under his mandate to gazette competent professionals as prosecutor, competent professionals such as the lawyers of the Federation of Women Lawyers (FIDA) Kenya would attain powers to prosecute SGBV. 199. Likewise, the Judiciary has placed due emphasis on developing Sexual Offences Rules of Court 2011 to guide judicial officers handling cases of sexual and gender based violence. The National Legal Aid and Awareness Programme established in 2007 was piloted in some regions with a Women and Family Division to help indigent women to claim their rights. The Legal Aid Act No 6 of 2016 seeks to institutionalise the provision of legal aid in Kenya in the promotion of access to justice and social justice; it holds the potential to provide access to justice for vulnerable women and girls who may otherwise fail to seek meaningful remedies when their rights are infringed on. The critical role of diverse legal aid service providers for victims of SGBV in Kenya must also be acknowledged as helping to provide social justice to vulnerable and indigent survivors of gender based violence. 15 Post-Election violence Report page 249 | 112 |