A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE Nations High Commissioner for Human rights (OHCHR) also noted with concern the “level of gender-based violence that was targeted at female contestants” in the pre-election period. Human Rights Watch documented “widespread sexual violence against women and girls, as well as incidents of sexual violence against men and boys, following Kenya’s 2007–2008 and the 2017 general elections.”136 With respect to the 2017 elections, the Kenya National Commission on Human Rights reported 201 cases of sexual violence between August and December.137 Only 22 percent of the cases were reported to police, and 54 percent of the reported crimes were found to be perpetrated by security and law enforcement officials.138 Further, as noted in the European Union Election Observation Missions (EUE OM) Final Report on the 2017 elections, “the uncertain environment and fears of insecurity also reportedly resulted in more women than men temporarily moving back to rural home areas, and thereby jeopardizing their possibility to vote.”139 Only one case of sexual and gender-based violence was reported to the police during the 2022 electoral period, although a number of other cases surely went unreported – including cases of online violence and harassment against women candidates, as documented by UN Women and others.140 Indeed, the EU EOM report noted “the intimidating climate against women candidates in many places …. Physical harassment of female candidates was reported from Kirinyaga, Kilifi, Nyamira, and Embu, and women candidates faced stigmatisation through ‘derogatory’ speech, verbal abuse, and threats in some 14 counties.”141 However, overall incidents of election violence were significantly fewer during the 2022 elections.142 Access to Justice Per Article 48 of Kenya’s Constitution “[t]he State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.” Despite the constitutional protection, realization of this right in practice has been “hampered by high court fees, geographical access, understaffing of the judiciary, and a case backlog.”143 Access to justice for women, particularly those who experience gender-based violence, has been a particular challenge. This barrier extends to access to justice for violence against women that has taken place in the context of elections. The Government of Kenya has enacted multiple laws to target gender-based violence and established guidelines for law enforcement, health staff, and judicial officials on how to support survivors, including the 2022 ODPP Rapid Reference Guide on the Prosecution of Sexual-Gender Based Violence Cases in Kenya.144 Despite these efforts, 136 Human Rights Watch. (2021). Kenya National Commission on Human Rights. (2018). Silhouettes of Brutality: An Account of Sexual Violence During and After the 2017 General Election 2017 Election Series. 138 UN Women. Believe Survivors. Act Now. Goretti’s Story, Kenya. (2021, November 12). UN Women – Headquarters. 139 European Union Election Observation Mission in Kenya 2017. (2018, January). European Union Election Observation Mission Final Report Republic of Kenya General Elections 2017. p. 47. 140 UN Women Kenya and the OHCHR implemented the Let it Not Happen Again project to enhance access to justice for survivors of sexual and gender-based violence in the counties of Nairobi, Kisumu, Bungoma and Vihiga – locations identified as hotspots such crimes. See: UN Women. (2022, December 23). Kenya's strides towards eradicating violence against women and girls in elections. 141 European Union Election Observation Mission in Kenya 2022. 142 The UN attributed this to change to “a number of coordinated activities including ‘deployment of human rights monitors across the country; civic education and community dialogue forums to engage youth; integration of sexual and gender -based violence prevention in security sector preparedness; working with women human rights defenders; tr aining of police commanders on human rights-based policing and public order management; and dialogue and exchange between police, the KNCHR and human rights defenders’.” See: United Nations Human Rights Office of the High Commissioner. (2023, March 24). Partnerships and training helped prevent election violence. 143 Open Government Partnership. (n.d.). Implement legislation to increase access to justice (KE0030). 137 144 Office of the Director of Public Prosecutions (Kenya). (2022). 49