Effectiveness of police investigation on prosecution of sexual crimes against women in Starehe sub-county, Nairobi county, Kenya

Abstract

Effective police investigation is a prerequisite to effective prosecution of any judicial proceeding. Police investigation into sexual crimes against women has been a problem both in developed and developing countries as considerable women population suffer violation of their rights and fundamental freedoms which is criminal in nature. The purpose of this study was to assess the effectiveness of police investigation on prosecution of sexual crimes against women in Starehe Sub-County, Nairobi County. The specific objectives were to evaluate the existing investigation procedures, examine the factors affecting police investigation and examine legal and policy framework of police investigation on prosecution of sexual crimes against women in Starehe Sub-County, Nairobi County. The Significance of the study was to identify gaps in police investigation on prosecution of sexual crimes against women which when addressed can enhance both police investigation and prosecution. The study was anchored on structural functionalist theory and the contingency theory. The study adopted descriptive survey design to determine the extent to which each independent variable was related with the dependent variable. Target population was 785 police officers plus 6 Key Informants who were picked purposefully from the Office of the Director of Public Prosecutions, members of civil society, health workers and survivors and or witnesses in sexual crimes against women. The sample size was 265 respondents Data was collected using questionnaires and interviews. Reliability and validity of the tools of data collection were observed to ensure consistency and accuracy. Collected data was analyzed as per the objectives. Qualitative techniques specifically discourse analysis and ethnography were used while quantitative techniques such as pie charts and tables were used. Statistical Package for Social Sciences (SPSS) version 22 alongside MS Excel which was used in analysis of data. The main findings revealed that, investigation procedures as applied by police officers as well as factors affecting police investigation had a significant effect on prosecution of sexual crimes against women in Starehe Sub-County Nairobi County. Legislative and policy framework did not provide a successful investigation as personnel investigating sexual crimes against women lacks adequate budget to cater for the operational needs as required by the policies. Lack of mutual coordination by stakeholder agencies hindered service delivery on sexual crimes against women by affecting investigation. The study concluded that there was inadequate sharing of information amongst the police, medics and the public which is essential in supporting investigation and prosecution of sexual crimes against women. The study recommends the following; the government to consider in the current police reforms, a concerted effort to ensure that all the police officers undergo advanced training to build their capacity on investigations of sexual crimes against women, the government of Kenya should implement Structural Adjustment Programs in regard to reporting cases of women sexual violation which should be different from reporting of general offenses. The criminal justice system should ensure that there is no interference in investigations by senior officers to get rid of corruption and intimidation on investigators in sexual crimes against women cases. The government through National Police Service should increase the number of investigators to achieve efficiency during investigations.