Calls grow for MPs to operationalise victim protection fund to safeguard Kenyan children

Human rights organisations championing the rights and welfare of children in Kenya on Tuesday pleaded with the National Assembly and the Senate to help activate the Victim Protection Trust Fund.

The organisations, led by Child Fund, led a section of MPs in a validation meeting for a budget analysis they conducted on how much Kenya needs to allocate to child protection spending. The aim is to combat child marriage, child sexual abuse, female genital mutilation and end violence against children.

Child Fund Country Director Alice Kamau said Parliament has a significant role in ensuring that the Victim Protection Trust Fund is operationalised because of its legislative and oversight roles.

“We are urging members of the National Assembly and Senate to prioritise the effectiveness of the Victim Protection Trust Fund because that will heavily boost protection of children against several forms of harm,” Kamau said.

She explained that the fund is crucial for providing financial and other forms of support to victims of crime, enhancing their access to justice, and ensuring their safety and well-being.

According to presentations that were made by the lobby group, it came out that Members of Parliament have not acted on strengthening the operations of the fund despite the existence of a board constituted to run it.

MPs led by Edith Nyenze (Kitui West) and Charles Nguna (Mwingi West) promised to lobby their counterparts to have the operations of the Victim Protection Trust Fund strengthened.

According to Nguna, there has never been adequate public participation conducted to explain to Kenyans the roles and importance of the Victim Protection Trust Fund.

“Many Kenyans do not know that such a fund exists. I believe there is an immediate need for public awareness on the roles of this Fund so that there can be a national call to have it funded adequately,” said Nguna.

The fund was birthed as a result of the Victim Protection Act in Kenya, enacted in 2014. It aims to protect the rights and well-being of victims of crime and abuse of power.

The Victim Protection Board and the Victim Protection Trust Fund provide support and resources for victims. The Act outlines the rights of victims, including the right to information, support services, compensation, and special protection for vulnerable victims.

Rights of victims of crime

According to the MPs, the Act recognises and gives effect to the rights of victims of crime, including the right to be informed, supported, and compensated.

“The Act aims to protect the dignity of victims by providing better information, support services, reparations, and compensation. We believe Kenyans will not shy away from coming out and reporting crimes committed against them or others,” said Nyenze.

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The MPs who spoke at the validation workshop are members of various committees such as the Special Funds Committee and the Finance and National Planning Committee.

Under the law, the Victim Protection Board advises the Attorney General on inter-agency activities and implements preventive, protective, and rehabilitative programs for victims.

Currently, thousands of crime victims risk being left without essential support as the Victims Protection Board grapples with a critical funding shortfall and operational challenges, a new report warns.

According to a report covering the agency’s performance for the 2023/24 financial year, severe financial constraints, staffing shortages and legal ambiguities have crippled the agency’s ability to fulfil its mandate.

Urgent intervention needed

The report, tabled in Parliament in March this year, lays bare the dire state of the board, warning that thousands of victims could be left without essential support unless urgent intervention is taken.

The report highlights acute funding shortages, staffing constraints, legal uncertainties, and a lack of autonomy as the biggest challenges undermining its work. Among the stark revelations is the fact that seven staff members are forced to share a single computer, severely impacting efficiency.

It notes that government allocations have plummeted, leaving the board heavily reliant on donors for survival.

The National Treasury has only allocated Sh32 million to the agency against an estimated annual budgetary need of Sh450 million, creating a funding shortfall of Sh418 million.

“The funding gap has severely affected the board’s ability to fulfil its commitments to victims of crime,” reads the report.

Conflicting court rulings on the definition of a victim and unclear legal provisions regarding the role of victims' lawyers in criminal proceedings have further complicated its operations.

Lacks legal status

The board also lacks legal status and autonomy, as it is not formally incorporated and, therefore, cannot sue or be sued.

Crucial subsidiary laws needed to fully operationalise the Act remain stalled, pending public participation and legislative approval.

To address these challenges, the board has proposed three key legal instruments: The Victim Protection (Amendment) Bill, 2024, the Public Finance Management (Victim Protection Fund) Regulations, 2024, and the Victim Protection General Regulations, 2024.

The proposed amendments aim to resolve inconsistencies in the 2014 Act and strengthen victim protection services.

The report’s findings have sparked concerns among MPs and civil society groups, who have urged the government to prioritise victim protection by increasing funding and expediting legal reforms.