Many at times, perpetrators walk free, and if you manage to lock them up, they get less than deserved punishment and then walk free and to be honest the justice system many at times just fails us. What can we do to seek justice?
PAIL OF PAIN — Justice Access Guide
Questions to Help Women & Girls (or Their Supporters) Take the First Step
PART 1: UNDERSTANDING WHAT HAPPENED
These questions help establish the nature of the incident so the right support pathway can be identified.
- What happened to you (or to the person you are helping)? Was it sexual assault or rape, physical attack, verbal harassment, stalking or being followed, threats or intimidation, theft or robbery, or a combination of these — specifically in connection with fetching or accessing water?
- Where exactly did the incident happen? Was it at a water point, a borehole, a river, a water pan, a well, or along the route to or from a water source? Please describe the location as specifically as you can — village, sub-county, county.
- When did the incident happen? Was it today, within the last week, last month, or longer ago? Do you know approximately what time of day it was — early morning, midday, evening, or at night?
- Was this a single incident, or has it happened more than once? If it has happened repeatedly, when did it first start, and how often has it occurred?
- Who carried out the attack or harassment? Was it a stranger, someone from the community, a neighbor, a person in a position of authority (e.g., a local leader, water point attendant, guard), or someone known to the survivor personally?
- Were there any witnesses present? If so, do you know who they are, where they live, and whether they would be willing to speak up?
PART 2: PHYSICAL SAFETY RIGHT NOW
Ensuring the survivor is safe is the most urgent priority.
- Are you (or the person you are helping) currently safe and out of immediate danger? Is the perpetrator someone who knows where you live or could find you easily?
- Have you received any medical attention since the incident? If the incident involved physical or sexual assault, it is important to seek medical care as soon as possible — ideally within 72 hours — for treatment, documentation of injuries, and access to post-exposure medication (PEP for HIV, emergency contraception, etc.). Have you been able to do this?
- Is there a trusted person — a family member, friend, or neighbor — who knows what happened and can stay with you or the survivor right now?
- Is there any ongoing threat from the perpetrator, such as warnings to stay silent, threats of retaliation, or continued surveillance of your movements
PART 3: REPORTING THE INCIDENT
Understanding barriers to reporting so the right channel can be identified.
- Have you already reported what happened to anyone? If yes, who did you report to — a family elder, a village elder, a chief, a police officer, a healthcare worker, a teacher, or anyone else? What response did you receive?
- If you have not reported yet, what is stopping you? Is it fear of the perpetrator, fear of not being believed, shame or stigma, lack of knowledge about where to go, distance to the nearest reporting center, cost of transport, or concern about how your family or community will react?
- Do you know where the nearest police station or police post is? Are you willing and able to visit it, or would you need someone to accompany you? Do you need help with transport?
- Do you know about the Gender-Based Violence (GBV) desk at police stations? Most police stations in Kenya have a designated GBV desk staffed by specially trained officers who handle cases involving women and children with confidentiality and sensitivity. Would knowing this change your decision to report?
- If you are helping someone else report, does the survivor know you are seeking this information on their behalf, and have they given you their consent to do so?
PART 4: EVIDENCE & DOCUMENTATION
Preserving evidence is critical even if the survivor is not yet ready to report formally.
- Has the survivor had a medical examination since the incident? A medical report (P3 form, filled out by a doctor or clinical officer) is one of the most important pieces of evidence in a case. Was this done? If not, do you need help understanding how to access it?
- Are there any physical injuries visible — bruises, cuts, torn clothing? Have these been photographed (with the survivor’s consent) and preserved as evidence?
- Is there any other physical evidence related to the incident — items left at the scene, a weapon used, items that were stolen? Has this been kept or secured anywhere?
- Do any witnesses have information they are willing to share, in person or in writing?Has the incident been documented anywhere — a journal entry, a voice note, a message sent to a trusted person on the day it happened? Any contemporaneous record can strengthen a case.
PART 5: LEGAL PATHWAYS & FORMAL JUSTICE
Understanding what formal legal options exist in Kenya.
- Are you aware of the laws in Kenya that protect women and girls from sexual violence and harassment? The Sexual Offences Act (2006) criminalizes rape, defilement, sexual assault, and harassment, and provides for significant sentences. Would it help to have these explained in simple language?
- Are you aware that reporting to the police opens a Criminal Investigation file, and that you can request to be kept informed of the progress of that investigation? Do you know what to expect after making a report? Has a P3 form been obtained and filled by a medical officer? This form is provided free of charge at government hospitals and health centres and is required for the prosecution of sexual offences.
- Do you need help understanding the court process — what happens after a case is filed, what a witness statement involves, and what to expect if the matter goes to trial?
- Are you aware that under Kenyan law, a survivor of sexual violence is entitled to free legal representation through the Office of the Director of Public Prosecutions (ODPP)? Have you been connected with a state prosecutor or a legal aid organization?
- Has anyone pressured the survivor to accept a settlement outside of court — money, livestock, or a community resolution — instead of pursuing formal justice? The survivor has the right to refuse this and to pursue a criminal case regardless.
PART 6: SUPPORT ORGANIZATIONS & ALTERNATIVE CHANNELS
Connecting to organizations that can help navigate the system.
- Are you aware of any GBV support organizations operating in your county or nearby? Organizations such as FIDA Kenya, the Coalition on Violence Against Women (COVAW), Physicians for Human Rights, or local women’s rights groups can offer legal, medical, and psychosocial support. Would you like help identifying one near you?
- Has the survivor been connected with a counselor or psychosocial support worker? Trauma from sexual violence is real and lasting. Professional support is available and can be accessed confidentially. Is this something the survivor needs?
- If the survivor is a child (under 18), are you aware that reporting is mandatory by law, and that the Children’s Department and the Child Protection Unit of the police must be involved? Has this been done?
- If the incident happened in a remote area and formal justice feels too far away, are you aware that the National Gender and Equality Commission (NGEC) and the Kenya National Human Rights Commission (KNCHR) can receive complaints and advocate on behalf of survivors even in cases where local authorities have failed to act?
PART 7: DOCUMENTATION FOR PAIL OF PAIN
If the survivor wishes to have their story documented as part of the broader advocacy mission.
- Is the survivor willing to have their experience documented as part of Pail of Pain’s mission — either anonymously or with their identity protected — so that it can be used to push for policy change, safer water access points, and accountability?
- Does the survivor want to share their story publicly — through a written account, a video testimony, or a community forum — as a way of speaking out, inspiring others, or demanding change from local authorities?
- What does justice look like to this survivor? Is it criminal prosecution of the perpetrator, community accountability, relocation of a water point to a safer location, lighting or security infrastructure at a water source, policy change, or simply being heard and believed? Understanding this shapes the most meaningful path forward.
These questions are a tool — not a checklist to rush through. Every survivor’s pace, comfort, and circumstances are different. The goal is not to pressure, but to open doors, one at a time.
“When we speak, they lose their fear.” — Pail of Pain
