Punish elders who intervene in sexual offences, residents say

Residents of Garissa want elders who arbitrate sexual offences to be punished.

Locals also called for the amendment of the Sexual Offences Act to criminalise arbitration in gender based violence (GBV) cases.

Speaking during public participation conducted by the Technical Working Group on Gender-Based Violence and Femicide, Garissa Human Right Network Chairman Muktar Dahir Osman said the Sexual Offence Act was weak and contributes to rising cases of GBV in the country.

Osman said elders mediating sexual and gender-based violence, locally known as Maslaha are enablers of the vice and should be receive harsh punishment.

He called on the Judiciary to fast track GBV cases.

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“Gender based violence cases also take time to conclude, giving leeway to the perpetrators to negotiate, we would like these cases to be hastened and at least take three to six months,” he told the task force sitting at Garissa guest house.

President Ruto in January appointed the 42-member task force to address femicide cases in the country.

The team, led by former Chief Justice Nancy Baraza, has been mandated to assess, review, and recommend measures to strengthen the institutional, legal, and policy response to GBV and femicide.

Osman said all police stations should have a gender desk that is manned by lady police officers for proper reporting.

He proposed that the county government should also have gender recovery centers.

Ibrahim Kassim of Kenya National Commission on Human Right (KNCHR) blamed the delay to conclude GBV cases on lack of forensic services such as crime scene investigations and government chemists.

Kassim said majority of the counties lack these facilities, creating a backlog of cases.

He urged the government to strengthen agencies with oversight mandate to deter cases of interference by other interested parties.

Kassim also told the taskforce that there is need to offer legal aid to the accused persons as some suffer due to fabricated charges.

Drugs and substance abuse, and the current economic situation were also cited as contributors to femicide and GBV in the country.

In a joint statement, Garissa based Gender Technical Working Group said challenges in accessing justice and the tedious process of reporting GBV cases make victims to prefer mediation by local elders.

The lobby group told the taskforce that many survivors do not know their rights or how to seek help specifically in rural areas, where literacy levels are low and information is scarce.

“Women and girls often accept abuse as a normal part of life. At the same time, parents, particularly fathers, are not actively involved in guiding or protecting their children, leaving young girls and boys vulnerable to exploitation,” the group said.

Osman told the taskforce that women who are financially dependent on their husbands or relatives are often trapped in abusive relationships.

Girls, they noted, are sometimes forced to give sexual favors in exchange for school fees, jobs, or food, especially in situations of drought and conflict.

These economic vulnerabilities make it difficult for survivors to walk away from violence.