IMANI: Strangled, dumped, disappeared: Is that the future of human rights in Kenya?

The year 2024 began with a shocking escalation of femicide in Kenya, sparking national outrage and critical introspection. The tragic loss of life, often accompanied by extreme brutality — such as dismemberment and torture — has forced us to confront the grim reality of pervasive gender-based violence and question the country’s commitment to upholding human rights.

With reports of at least 30 femicide cases in the first 27 days of January 2024 alone and an estimated 725 women killed in 2022, the data paints a distressing picture. And the numbers are probably much higher, considering significant underreporting due to fear, stigma and mistrust in the authorities.

The failure to consistently label these intentional killings of women and girls as "femicide" in official crime reports further obscures the true scale of the crisis.

The early weeks of 2024 were defined by two high-profile femicide cases that ignited the national discourse and the '#StopKillingWomen' protests.

Starlet Wahu, a 26-year-old social media personality, was found dead in an Airbnb apartment in Nairobi’s South B area. She had bled to death from a fatal stab wound and a postmortem also indicated signs of strangulation. She was allegedly killed by a man she had met online. The swift discovery of the body, coupled with the victim’s public profile, brought immediate attention to the dangers women face, particularly in intimate partner settings.

Just days later, the mutilated and dismembered body of Rita Waeni, a 20-year-old university student, was discovered stuffed in garbage bags at a rental apartment in Nairobi’s Roysambu neighbourhood. Media reports suggested the murderer may have lured her via social media. The extreme and ritualistic nature of the violence in this case sent chills across the country and served as a horrific testament to the depth of the violence being perpetrated.

The September 2024 murder of Ugandan Olympic athlete Rebecca Cheptegei, who was set ablaze by her ex-partner in Trans Nzoia county, added to the list, highlighting the nature of this epidemic.

These are examples of high-profile cases, but hundreds, if not thousands more, exist. 

As the year draws to a close, it is important to note that we have laws, but legislation alone is insufficient to protect human rights.

The 2010 Constitution with its comprehensive Bill of Rights (Chapter 4), is praised as one of the most progressive in the world. It enshrines fundamental rights, including the right to life, dignity, freedom from violence and equality, while establishing institutions like the Kenya National Commission on Human Rights. Similarly, the Protection Against Domestic Violence Act (2015) and the Victim Protection Act (2014) offer specific legal recourse in cases of gender-based violence.

However, the current crisis highlights a glaring gap between law and practice. Beyond femicide, a broader pattern of human rights abuses has been documented since 2022, primarily involving police misconduct.

These violations include enforced disappearances and extrajudicial killings, arbitrary arrests and detentions and excessive use of force against citizens, such as the deployment of live ammunition, tear gas and water cannons during protests. This intersection of state-sanctioned abuses and spiralling gender-based violence indicates a systemic deterioration in the respect for the Bill of Rights.

Key challenges include implementation deficits shown by the persistent failure to robustly enforce existing laws. Judicial delays are common, with an average case lasting more than four years, slowing justice for victims and survivors.

Systemic impunity also slows down the process. Police and judicial corruption, coupled with institutional reluctance to investigate and prosecute cases of femicide and police abuse thoroughly, fuels a culture of impunity. When public officers involved in human rights violations face no consequences, the law loses its deterrent effect.

Additionally, societal misogyny is deeply entrenched. Misogynistic social norms often lead to victim-blaming and the minimisation of gender-based violence, even within the police service and judiciary.

This social attitude undermines the spirit of the law, regardless of its written strength. Fragmented data collection, caused by the lack of a uniform and mandatory mechanism, makes it difficult to design effective targeted interventions.

While the legislative foundation is strong, the structures, political will and social conditioning required for effective enforcement are woefully lacking.

But not all is lost. Early in the week, Woman MP Ugdoon Kuno introduced changes to the existing framework, seeking to ban out-of-court settlement for sex crimes.  

This, integrated with other measure to form a multi-faceted approach, will tackle both the legal-institutional and the socio-cultural roots of the crisis, essential to stem the tide of human rights abuses.

Prioritising femicide, starting with the President declaring the vice, as well as gender-based violence, a national catastrophe is crucial. Institutional reform, such as creating an independent agency to collect, monitor and publish comprehensive data and recommend preventive policy measures, would also be a step in the right direction. 

Strengthening police and judicial training by implementing mandatory, continuous and robust training on human rights, gender sensitivity, trauma-informed response and the swift prosecution of perpetrators, will support the cause.

Expansion of safe shelters in all counties and ensuring they are resourced and accessible, able to provide legal aid, counselling and medical services for survivors of violence, will greatly help survivors start over and move forward with dignity. This also includes economic empowerment — expanding access to economic opportunities, skills training and credit enabling those in abusive situations leave them safely. 

Finally, socio-cultural transformation is required for every Kenyan. Sustained, community-led public education campaigns across schools, media and religious institutions must challenge toxic masculinities, reject victim-blaming and promote gender equality and respectful relationships. These efforts will allow Kenyans to see value and uphold human worth — the very things the law compels us to do.