Bungoma law courts Thursday February 10, 2022 resumed hearing of the cases that were presented in court in 2008 by the widows whose husbands were killed unlawfully and some faced enforced disappearance in Mt Elgon during the clashes that happened when the Kenya military was tackling the Sabaot Land Defense Force (SLDF).

Speaking to the press at Bungoma law courts, Victor Kamau who is an advocate and the deputy director of the Kenya National Commission on Human Rights (KNCHR) said that they were forced to stop the case for a year after the Kenya Defense Force made an application over the same.

He noted that this was the first hearing since it was stopped.

The widows are pleading with the government to hurry the case for them to get justice and compensation.

During the clashes, most people were affected, some lost their lives while some were forced to relocate to look for refuge in some different parts of Bungoma county.

Kamau noted that they have 18 widows on board whom they are helping to get justice for some were left with children who are still dependent on their parents.

Lilian Ndunya who is one of the affected widows noted that she is facing challenges in raising her family after her husband was butchered during the clashes leaving her behind as the breadwinner and with that, she needs the government to intervene and have her and the other affected women compensated.

“We have been here the better part of the day with hope of finally getting justice that we all deserve after our husbands were killed mercilessly but the way things are being dragged, we are just banking our hope on God maybe one day we shall get justice,” she said

Ndunya also asked the government to take charge in ensuring that the country has a peaceful election this year so that post-election violence that was experienced in 2007 is not repeated

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Judicial Service Commission (JSC) members led by the presiding judge in Machakos high court George Odunga, on Wednesday March 4, 2020, engaged members of the public at Bungoma law courts, to sensitize on the matter of protection against domestic violence rules.

Domestic violence may result from abuse ranging from physical, economic and emotional, verbal or psychological abuse.

Judge Odunga noted that the present legislation does not provide for the protection before the offence is committed but the act now provides for the people to come to court for protection orders so that it can’t be waited until the act of violence is completed.

With the issue of domestic violence being rampant in most parts in the country, the discussion comes in to create a better platform where the victims can seek justice easily.

Judge Odunga issued out outlines on how the cases shall be handled.

He stated that such issues are supposed to be handled at the residents magistrates court and so people are advised whenever they need  the services to report the matter to the police who will assist them to fill out a prescribed form 1 titled ‘information on domestic violence’.

The police will further be required to hand in the filled prescribed form to court within 24hours.

The victim can further apply for a protection order  which is a court order in domestic violence case whose purpose is to safeguard or protect the victim once a case has been reported.

The protection order may consist in a prohibition, restraint, residence, custody, compensation or restitution.

A party dissatisfied by a protection order may apply to court for its variation or discharge.

Judge Odunga also advocated for settling of domestic matters at home noting that family matters involves children and it would be so important for reconciliation to be encouraged and for them to live harmoniously.

‘Our intention is not to break families but to ensure that families live in peace. It’s only that sometimes we have to issue protection orders while we are still determining the matters otherwise the act provides that where appropriate alternative dispute resolution mechanism like mediation has to be respected,” he said.
 

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