MASLAH DISPUTE RESOLUTION

Knock Knock. Did you trade camels for defilement justice?

Door-to-door team consists of chiefs, assistant county commissioners, police and officers from gender department

In Summary

• Sexual abuse and GBV have become very common during the Covid-19 pandemic. Many are settled by accepting livestock or money.

• Maslah is a Somali traditional dispute resolution mechanism giving priority to compensation of the victim's clan or family as opposed to punishment of the perpetrator. Kenya outlaws it in cases of murder, rape and defilement.

The Kwale government officials are going door-to-door to track down defilement cases 'solved' through traditional kangaroo courts and compensation that evade justice.

The door-to-door teams consist of chiefs, an assistant county commissioner, police and officers from the department of gender.

Chief Thomas Ngangi said informal resolution of such cases at Nguluku in Msambweni was on the rise, denying justice to children.

 

Ngangi said between May and June at least five defilement cases were reported to police and several others were resolved by family members who accepted money or cattle.

“In the past months I forwarded cases to the police but many are still in the hands of communities,” Ngangi said.

Kenya forbids such compensation in cases of grievous crime, murder, rape and defilement, but it is accepted in many communities. 

He said the rise of covert 'kangaroo courts' has allowed defilement and immoral activities to thrive though they should be taken through the court system.

Chief Ngangi said after launching the campaign several people have started to speak out, while they track down more cases.

Ngangi termed the traditional Somali-type maslah dispute resolution a major obstacle to justice and reducing gender-based violence in Kwale county.

Maslah is a Somali traditional dispute resolution mechanism giving priority to compensation of the victim's clan or family - not punishment of the perpetrator. 

The chief said many defilement cases involve family members and the victims are younger than 16 years.

The administrator said the blood bond between the minors' family or clan and the culprits is an obstacle to justice.

“Parents opt to remain silent about the vices and 'solve' them out of court because in most cases the offenders are either cousins or uncles,” he said.

Recently a girl was forced to sleep with her two brothers, both minors.

Sexual abuse and GBV have become very common during the coronavirus period, Ngangi said, when many people are urged to stay home. Schools are closed.

He cautioned parents not to confine children of opposite genders in one place and said they should sleep in different rooms.

Furthermore, a girl was also raped in Nguluku Forest and with several others survived though a narrow escape.

Kwale Youth and Governance Consortium chairman Jobwe said Nguluku, Mafisini, Mwereni and Mwangulu are defilement hotspot zones.

Some months ago an elderly woman was raped by two boys.

Chief Ngangi also said sodomy is rampant, adding small herder boys are victims.

Last month, Plan International, based on the report from community health volunteers, said there was enough evidence on the ground showing defilement cases have become rampant and notorious in Kwale.

(Edited by V. Graham)

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