FEMALE VICTIMS OF UNFAIR TREATMENT & DISCIPLINARY PROCESSES IN KENYA

UNFAIR TREATMENT TO FEMALES

FIDA Kenya has keenly followed the development of Daizy Cherogony case, a former security warden at Jomo Kenyatta International Airport who was sacked over accusations of misconduct on requesting the Education CS Dr. Fred Matiangi to queue for a routine security check on 5th April 2017.

FIDA Kenya has reviewed the explanation by KAA implying disciplinary issues against Daizy. This action is illegal and against the employee’s rights. We are also aware of CS Dr. Matiang’i denial absolving himself from direct involvement. It is extremely disheartening for Kenyans to be treated to mere denial of facts and not specifically addressing the integrity issues that arise from this case. We are disturbed by the way this case is being treated differently from other public officers’ case. For example, we make reference to the incident of the former Deputy Chief Justice Dr. Nancy Baraza who was forced to step aside to allow for investigations and ultimately had to leave office. In this case, Kenyans are still being treated to various correspondences while the public officer involved stays put in office.

FIDA Kenya reiterates its sentiments that women should not be treated differently and unfairly as compared to their male counterparts. It has further come to our knowledge that Daizy’s case is not an isolated case, various female guards continue to undergone harassment by public officers at various security check points. The Kenya Airports Authority has the responsibility to defend and care for its employees and not expose them to unfair labour practices.

FIDA Kenya will not relent in its quest to defend women`s rights. We will seek court`s leave to be enjoined as interested party in Daizy’s case in the interest of other female officers in the security sector. We also DEMAND for action against public officers receiving any special treatments against Chapter 6 of our Constitution.

 

Unfair practices deliberately targeting women must stop.

 

 

Signed by;

Josephine Mong’are

CHAIRPERSON

 

Contact details:

Federation of Women Lawyers-Kenya, Amboseli Road, Off Gitanga Road

P.O. Box 46324-00100

Tel +254 20 3870444/3873511/3869956

Fax +254 20 3876372

Mobile +254 733845003/ +254 722 509760 Email: info@fidakenya.org www.fidakenya.org

RAPE AND MYSTERIOUS DEATH OF MS. PHILIS NYAGUTHII

INVESTIGATIONS INTO THE RAPE AND MYSTERIOUS DEATH OF MS. PHILIS NYAGUTHII: WOMAN IN KENYATTA NATIONAL HOSPITAL RAPE CLAIM

FIDA Kenya is concerned with the ineffective approach and callous attitude given to allegations of rape meted upon the late Ms. Philis Nyaguthii, a 28 year old single mother. The incident is reported to have occurred at the Kenyatta National Hospital where the deceased was undergoing treatment for burns and has since succumbed to the injuries.

It is very disturbing that the alleged atrocities were committed by the hospital’s male nurse on duty while the deceased was undergoing treatment. The aforestated actions are a clear sign of no respect for human rights and more so women rights. It is further appalling that the Kenyatta National Hospital management has publicly purported to wash its hands over the incidence saying police had taken over the matter.

FIDA Kenya calls upon the offices of the Director of Public Prosecutions and the Inspector General of police to judiciously expedite investigations into the matter and commence prosecution of perpetrators within a definite time-frame.

In addition, FIDA Kenya calls upon the Kenyatta Hospital Management to assure Kenyans that the hospital is a violence free public institution that upholds human rights. The management should further assure Kenyans that they are willing to cooperate and provide all necessary information to ensure effective investigation, arrest and prosecution of the perpetrator. The hospital management should also apply deliberate measures to ensure that the security of all patients at the hospital is adequately provided to prevent any future monstrous acts.

Signed by;
Ruth Aura
Chairperson, FIDA Kenya

For further information please reach:

Email: info@fidakenya.org
Call: Jane Njeri – Public Relations Officer 0722 509760 or 0733 845003

ESCALATING RAPE INCIDENCES

FIDA KENYA PRESS STATEMENT ON ESCALATING RAPE INCIDENCES

FIDA Kenya is saddened and alarmed by media reports of heinous gang rapes against girls in Dandora Estate by numerous gangs of young boys. According to a clip highlighted by Citizen TV on 30th June 2013 it was reported that the perpetrators are confident and shameless in executing these crimes and that they even attack victims in broad daylight, in the full view of the public.

FIDA Kenya is concerned that the Police have not responded to the said incidences and that if the law enforcement agencies and the Government does not speedily take charge and prosecute the perpetrators then the same might escalate and spread to other areas in the country. Such incidences, where not correctly dealt with by law enforcement agencies, create a precedent of impunity in the country.

The President has a moral and legal obligation to the citizens of Kenya under Article 131(2)(e) of the Constitution of Kenya 2010 to ensure the protection of human rights and fundamental freedoms and the rule of law. Kenyans however, have continuously witnessed the breakdown of the rule of law and violations of their human rights and fundamental freedoms through the inability of law enforcement agencies granted such responsibilities to carry out their mandates.

FIDA Kenya calls on the Government to:
 Institute an independent public investigations team that will efficiently work towards prosecuting the perpetrators of the heinous crimes in Dandora Estate in Nairobi County.
 Inform the public on what measures it is undertaking to investigate the root causes of the incidences of rapes committed against women and girls witnessed in various parts of
Kenya.

In conclusion we reiterate that the insecurity being witnessed in Dandora is not and should not be
misconstrued as a ordinary crime, but rather a manifestation of decayed governance and justice
system all of which require urgent fixing.

Thank you.

Ruth Aura
Chairperson FIDA Kenya
For further information please reach:
Email: info@fidakenya.org

Call: Jane Njeri – Public Relations Officer 0722 509760 or 0733 845003

TRUMPING COURT HURDLES!

TRUMPING COURT HURDLES! HON. WAVINYA NDETI AND HON. SUSAN KIHIKA

FIDA Kenya celebrates the success of  Hon. Wavinya Ndeti whom the court has ruled that she can vie for the post of Machakos governor in the upcoming General Elections. We also celebrate Hon. Susan Kihika who also the court ruled in her favour to vie as the Nakuru County Senator. FIDA Kenya applauds these women for their triumph.

 

FIDA Kenya notes that such court cases have severally been used to deter and intimidate women striving to participate in politics and eventually bow out of the race. Hon Wavinya Ndeti and Hon. Susan Kihika have braved the process and have come out VICTORS!

 

FIDA Kenya continues to urge IEBC and all relevant Institutions to treat women candidates with all the fairness they deserve especially during this period that parliament has blatantly refused to pass the 2/3rds Gender Principle. Kenyans are coming to terms with the fact that there is an increased number of women who have braved the campaigns to run for elective seats. This is unprecedented and for sure has caused jitters amongst those who think women cannot be leaders.

 

Once again, Congratulations to Hon. Wavinya Ndeti and Hon. Susan Kihika.

 

We call upon Kenyans to “Vote a Dada”

 

For further information please reach us on: info@fidakenya.org/ janenjeri@fidakenya.org or Call: 254-722509760/ 254710607241

 

Signed by;

 

Mrs. Josephine Mong`are

Chairperson, FIDA Kenya

LAUNCH OF THE FIDA KENYA’S “SEMA USIKIKE” SMS HOTLINE

FIDA Kenya wishes to congratulate all women candidates who won party nominations and have been cleared by IEBC to vie for various posts in the upcoming General Elections. We applaud them for their efforts in the campaigns. The choice to vie for a political seat is a particularly difficult decision for a woman and her family. These women are brave and we wish them all the best in their campaigns.

FIDA Kenya is however concerned with the increased rate of violence against female candidates and their supporters. Several cases of violence against women aspirants have been reported countrywide and to the FIDA Kenya offices. We specially wish to reiterate the incidences of;

The death of the bodyguard to aspiring Mbita Member of Parliament Hon. Millie Odhiambo who was run over and killed by an opponent vehicle during the party primaries and the burning of the candidates house. We also took issue with the confinement of Esther Passaris who was locked in a room to prevent her from addressing her supporters. We further took issue with the incident of Eunice Wambui an aspiring Member of Parliament Embakasi South who was attacked by rowdy youths during a campaign at Mukuru Kwa Reuben. The youth committed acts of shame against the aspirant. Another candidate was Sarah Koore who was contesting for Member of Parliament in North Laikipia had parts of her car looted while she was out campaigning. These are just a few incidences of violations that women candidates go through during elections.
FIDA Kenya was alarmed by the lack of swift action by the security agencies in all these incidences. The inaction by the police, IEBC and other concerned authorities increases the intimidation of women candidates and their supporters.

As an organisation that promotes women participation in politics and leadership, we wish to strongly condemn these violent acts and call upon the police to protect the women of Kenya.

Kenyans are coming to terms with the fact that there is an increased number of women who have braved the campaigns to run for elective seats. It is important to note that this year 9 women will be running for gubernatorial positions. We have very high chances of having our first female governors. Similarly, we have women who have come out to defend their Member of Parliament seats and those who have grown from affirmative action seats to elective seats. This is unprecedented and for sure has caused jitters among those who think women cannot be leaders. We cannot afford to let these chances be ruined by electoral violence.

Today FIDA Kenya and her likeminded partners, have launched an SMS hotline dubbed SEMA USKIKE number 21661 which will offer an opportunity to Kenyans to identify and report any form of violence meted against women candidates and their supporters. This platform will work on a real time basis during this electoral period. The Platform can be used by victims and witnesses of election violence.

Sending an SMS is FREE and the platform is very friendly. Using your mobile phone all you need to do is send a brief text to the SMS code 21661 describing the violence witnessed and providing the location of the incidence. FIDA Kenya lawyers will immediately respond to the text and inform the nearest police station for response. The lawyers will further follow up the matter with the victims and where relevant offer legal aid. The public can also call FIDA Kenya on 0722509760 / 0710607241

We wish to inform Kenyans that this platform is complementary to police services. We urge Kenyans not to hesitate to report to the nearest police station any incidences witnessed. The responsibility to ensure that the rule of law is upheld rests squarely with the police. Women voters and the candidates have the right to vote, run for office and be protected from any form of electoral violence.

As a nation we have now arrived at the forked section of the road and tough action must be taken. We must no longer skirt the issue of election violence. FIDA Kenya will continue to follow up with the police, provincial administration, IEBC and other relevant organizations to ensure that justice has been served and ensure that election violence meted against women is STOPPED.

NATIONAL NURSES STRIKE – CBA Blame Games that Kill!!!

PRESS STATEMENT BY FIDA KENYA

NATIONAL NURSES STRIKE – CBA Blame Games that Kill!!!

Kenyans have once again woken up to the horrible news that a section of the health service providers have downed their tools due to a disagreement on Collective Bargaining Agreement (CBA). It is extremely disheartening to see the nurses` go on strike at a time when the country is yet to heal from the doctors` strike that ended 3 months ago.

FIDA Kenya is disturbed by the inefficient approach with which the Government continues to address the problems in the health sector. Ordinary citizens, who diligently pay taxes, are often left helpless and desperate for health services. Maternal and Child Health Care is the most affected. “No woman should die while giving life”.

FIDA Kenya takes specific issue with the rate at which the health sector collective bargain agreements are losing their value; and increasingly becoming a public gimmick meant to hoodwink Kenyans and/or a ploy to postpone problems. One is left to wonder whether all relevant stakeholders are usually involved and whether the right technical expertise is put in place during CBA negotiations. It is becoming unbearable to be treated to blame games by the different stakeholders. The Government of Kenya owes it to its citizens to put an end to the famous CBAs!! that lead to hundreds of lives being lost.

FIDA Kenya wishes to remind the government that it has a Constitutional responsibility to protect the right to life and provide the highest attainable health care for Kenyans.  We call upon the President and his government to take a decisive action to end the strike and restore the public health care system.

Failure to have an immediate solution to the strike, FIDA Kenya is highly considering mobilising the women of Kenya and taking legal action to protect the women and children of Kenya.

 

Signed by:

Josephine Mong’are

Chairperson, FIDA Kenya

For further information please reach us:

Email; info@fidakenya.org

Call: 0722509760 or 0710607241

AMBASSADOR MONICA JUMA`S NOMINATION AS SECRETARY TO THE CABINET

PRESS STATEMENT BY FIDA KENYA ON THE REJECTION OF AMBASSADOR MONICA JUMA`S NOMINATION AS THE SECRETARY TO THE CABINET

The Federation of Women Lawyers Kenya (FIDA Kenya) is perturbed by the decision made by the National Assembly to reject the nomination of Amb. Monica Juma by the President as the Secretary to the Cabinet

The committee report cited a letter that Amb. Juma wrote to House clerks — complaining about the number of visits and requests MPs made for transfers or employment of State workers — as the main reason for her rejection. FIDA Kenya contends that the reasons given herein are flimsy and do not warrant her denial to serve the people of Kenya as her nomination was informed by the distinction and success she has earned serving the nation as an Ambassador to Ethiopia and, Permanent Representative to the African Union, Defence PS, and in her current position as Interior PS. Kenyans must be reminded that during her tenure in the various offices no complaint was ever raised against her performance and it’s surprising why she should be vindicated now! FIDA Kenya wishes to remind the National Assembly that they are not above the law and as key protectors of law must observe and adhere to the principles of the rule of law.

As an organization we have, and continue to make several appeals to public officials and Kenyans at large to apply fair hearing and trial processes especially of women who have exhibited high competency and have been competitively nominated and/or appointed to office.

FIDA Kenya wishes to remind the National assembly that in executing their mandate, they must not employ any practices that are deliberately targeted at frustrating women leaders and making those who would wish to serve Kenyans shy away from public offices. We wish to remind the National assembly to be objective in their assessment by not sending wrong signals to the public or be seen to intimidate prospective Government employees.

At a time when the country is working on realizing a formula to allow at least 1/3rd of the Country`s leadership to be women; such acts of victimization and intimidation should not be condoned by all Kenyans of good will.

We wish to appeal to the general public to support women leaders.

ESCALATING CASES OF VIOLENCE AGAINST WOMEN IN THE COUNTRY

It’s with deep sorrow and dismay that FIDA Kenya has learned of the heinous acts meted upon a 27-year-old woman by her husband citing childlessness in marriage. According to the media reports, the woman was allegedly attacked with a panga by her husband who they are said to have separated for about three months. The husband chopped off both her hands and further inflicted more injuries on her head and neck.

Considering the acts of Violence as described by the woman, evidence by the descriptive photo shots, it is quite clear that this man has no respect for human dignity and should immediately be investigated and prosecuted.

Further, FIDA Kenya is angered by the escalating cases of violence against women in the country. FIDA Kenya notes with a lot of sadness that cases of domestic violence are on the rise and nothing has been done about it.

As an organization that envisions a just society that is free from all forms of violence and discriminations against women, we call upon the office of the Inspector General to immediately charge and prosecute the man with attempted murder.

We further call upon the Inspector General to ensure that the escalating cases of violence are immediately dealt with and that all culprits are brought to book.

FIDA Kenya reiterates that violence against women is unacceptable and must not be condoned in the society.

FIDA KENYA ELECTS NEW CHAIRPERSON – REACTION TO THE STATE OF THE NATION ADDRESS

FIDA Kenya elected its new Governing council yesterday chaired by Mrs Josephine Wambua- Mong`are. Whilst this new team congratulates the president for his State of Nation address that enumerated the achievements and the challenges of the Jubilee Government for the last 3 years, The Council is concerned that the president did not highlight the steps that the Jubilee Government has taken to ensure that the country realizes the 2/3rds Gender Principle.

FIDA Kenya hoped that the president would highlight the measures his Government has put in place in line with the spirit of the constitution and the Jubilee Government manifesto to ensure that the country realizes this important milestone.

FIDA Kenya appeals to the president to rally the members of parliament to objectively consider and pass the Constitution of Kenya Amendment Bill no.4 of 2015 currently before parliament.

The elected FIDA Kenya Governing council members are;

Josephine Wambua-Mongàre – Chairperson
Grace C. Nyongesa – Vice Chairperson
Faith Mony Adhiambo – Secretary
Nancy Kang`ethe Ikinu- Treasurer
Roselyne Odede- Upcountry Representative(Western)
Jacqueline Waihenya- Upcountry Representative(Coast)
Betty Achieng- Council Member
Lily K. Musinga- Council Member
Edna Bosibori- Council Member
FIDA Kenya is confident that these great women will steer the organisation to greater heights and promote the agenda of women rights in Kenya.

With thanks – Christine Ochieng

FIDA Kenya Executive Director

For further information please reach:

Email: info@fidakenya.org

Call: Tel: 254 202 2604043/4 Mobile: 254-722509760/ 254710607241

APPOINTMENT OF THE DEPUTY CHIEF JUSTICE AND THE SUPREME COURT JUDGE

The Federation of Women Lawyers – Kenya (FIDA-Kenya), is a non-profit, membership organisation consisting of over 1,100 women lawyers committed to increasing women’s access to justice in both formal and informal justice systems in Kenya. FIDA Kenya was established in 1985 after the 3rd UN Conference on Women. The organisation’s vision is to have a society that respects and upholds women’s rights and the mission is to promote women’s individual and collective power to claim their rights in all sphere of life.

FIDA Kenya has been following with keen with interest the past interviews of the CJ position by JSC in which the Hon. Justice David Maraga, a person of male gender was selected as well as the ongoing interviews for the position of the DCJ and Supreme Court Judge. Yesterday we witnessed the Hon. Justice Pauline Nyamweya withdraw her candidature for the DCJ position citing her ethnic and regional balance consideration in light of the fact that she hails from the same ethnic community as the CJ nominee Hon. Justice Maraga. FIDA KENYA wishes to commend the HON. Justice Nyamweya for her selfless and patriotic act, despite the fact that she was also very qualified for the position she had been shortlisted for.

FIDA Kenya wishes to take this opportunity to point out to the JSC of the need to meet and comply with constitutional requirement of ensuring that the composition of the Apex Court meets the 2/3 gender principle as expected for all appointive positions. It is the FIDA KENYA position that currently as constituted in the Supreme Court as currently constituted is not compliant with the 2/3rds gender principle. FIDA KENYA urges the JSC to correct this anomaly during the ongoing recruitment process.