* News Release Issued by the International Secretariat of Amnesty
International *

8 March 2002
AFR 32/007/2002
39/02

"The Kenyan government has failed in its human rights obligations
towards one half of its citizens and should urgently reform its
laws and practices to end the impunity of those who commit
violence against women," Amnesty International said today in a
new report on Kenya.

The report -- Kenya: Rape - the invisible crime -- looks
at violence, particularly sexual violence, against women and
focuses on rape committed by both security officials and private
individuals . It examines why women subjected to violence are
inadequately protected by the law and why those who commit
violence against women continue to operate with impunity.

Its conclusion is rather sobering. Every day, women are
physically and sexually abused in all social and ethnic groups
all over Kenya. It is a crime that shocks and traumatizes the
victim, and undermines the status of women in society. Yet, it is
largely suffered in silence.

Victims of rape often face insurmountable obstacles in
trying to bring perpetrators to justice. Many women who have been
victims of rape or other forms of sexual abuse are too
intimidated by certain cultural attitudes and state inaction to
seek redress. To do so can often lead to hostility from the
family, the community and the police, with little hope of
success. Those who do seek justice are confronted by a system
that ignores, denies and even condones violence against women,
and protects perpetrators, whether they are state officials or
private individuals," Amnesty international said.

Amnesty International believes that acts of violence
against women constitute torture for which the state is
accountable when they are of such nature and severity envisaged
by the concept of torture in international standards and the
state has failed to fulfill its obligation to provide effective
protection, investigation and prosecution.

"Rape is torture when the state has failed in its
responsibilities to protect, investigate and provide redress to
women victims. The Kenyan government should reform both its laws
and practices to end impunity for violence against women, and to
conform with its obligations under international humanitarian
law," Amnesty International said.

The government has consistently stated its intention to
promote gender equality through legislation, but has failed to
implement constitutional provisions, failed to incorporate into
domestic law any of the international instruments that it has
ratified and that promote and protect women's rights.

The Penal Code does not recognize marital rape as a
criminal offence because of the presumption, especially in
criminal law, that consent to sexual intercourse is given by the
act of marriage. No legal challenge to this presumption has been
made through the courts in Kenya. The lesser charge of assault
is more commonly used in marital rape cases, carrying with it a
lower maximum sentence.

"Despite its moral and legal obligations, the government
has not reformed Kenya's laws to make all acts of violence
against women criminal offences, nor has it addressed the
discriminatory practices of the police force, prisons services
and court system, It is the failure of the state to take action
against such abuses, whether they are committed by state
officials or private individuals, that allows them to continue
and operate with impunity. The state has a responsibility to take
action in order to protect women from continuing violence,
Amnesty International said.

Among the cases raised in Amnesty International=s report
are those of Mary, Agnes and Louise who all have several things
in common. They have each been badly beaten by men in their
families. They each say they have been raped by those men. They
have suffered for years with no prospect of help from the
authorities. The police are unwilling to become involved in cases
of domestic violence and are biased against women, particularly
poor women, and there are no state facilities to protect women
fleeing domestic violence.

While women's achievements are being celebrated all over
the world on International Women's Day today, women who continue
to be raped and beaten and denied their basic rights - whether by
state officials or family members - must not be forgotten.

"The year 2002 will see both presidential and legislative
elections in Kenya. Members of parliament, voters and women in
Kenya should do everything in their power to make women's rights
a top priority on the election agenda and ensure that candidates
are gender-sensitive in both their policies and attitudes," the
organization said.

The report is available
at:http://web.amnesty.org/ai.nsf/recent/afr320012002

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