The Center for Rights Education and Awareness (CREAW) together with other interested partners are studying the decision of the court in the matter of Tony Mochama Vs Wambui Mwangi and Shailja Patel which has set a dangerous precedent with regard to cases of sexual violence and harassment.
We are surprised by the decision of the court which effectively disregarded the accounts by both Shalja and Professor Mwangi and instead proceeded to deliver a decision that is punitive and which effectively seeks to punish Shalja Patel and Professor Wambui for speaking their truth publicly about the alleged sexual assault.
This decision has far reaching consequences and seeks to not only gag survivors of sexual violence from speaking out about violence but also to completely silence them through the fear of being slapped with massive punitive damages for speaking their truth and speaking out against sexual abuse.
This decision if left unchallenged will proceed to further embolden would be perpetrators of sexual violence by creating an environment where they can thrive knowing that they can hide behind this judgment and further even demand punitive damages against their victims in the event they speak out
CREAW therefore is ready to support Professor Wambui in her appealing of this decision and in her quest for justice not just for herself and Shalja Patel but also for every other survivor and victim of sexual violence who may not have the courage or strength to speak out for themselves.
We further look forward to a decision from our Courts that will ensure justice is reached through a decision that seeks to expand protections for those who are brave enough to speak out against sexual violence in all its forms.
Executive Director – CREAW