WAR AGAINST GBV

ODPP to hire 150 prosecutors from marginalised communities

Says majority will be women since most victims of the crimes are female

In Summary
  • Haji strongly opposed arbitration of FGM through ‘Maslah’ which is an alternative dispute resolution method amongst Muslims.
  • "If you are truly Islamic, you know the punishment of raping a woman,” he said.
Director of Public prosecutions Noordin Haji addressing the justice stakeholders, religious leaders and elders on Tuesday in Garissa.
WAR AGAINST GBV: Director of Public prosecutions Noordin Haji addressing the justice stakeholders, religious leaders and elders on Tuesday in Garissa.
Image: STEPHEN ASTARIKO

The DPP's office is in the process of recruiting over 150 prosecutors from marginalised communities to deal with rising FGM, GBV, rape and defilement.

Director of Public Prosecutions Noordin Haji said the majority of the prosecutors will be women because most victims of these crimes are female.

Haji spoke on Tuesday during the launch of the standard operating procedures manual and rapid reference guide on FGM in Garissa.

The event was attended by Garissa county commissioner Boaz Cherutich, MPs Sofia Abdi (Ijara), Mohamed Dahiye (Dadaab), Garissa county secretary Abdi Sheikh and Northeastern police commander Rono Bunei.

The DPP defended himself from accusations that most of the shortlisted candidates are from his community saying there must be regional balance in the institution.

“I know that many people have accused me of nepotism alleging that most candidates are Somalis. However, if you look at the percentage of staff in our office, some communities are not represented,” Haji said.

“We cannot say that as the ODPP we are a national institution if we do not have regional representation. We will try to bring people from this community, especially women to serve you accordingly,” he added.

The DPP said the aim of the guidelines is to standardise and ensure consistency and efficiency in the investigation and prosecution of FGM cases and protection of the rights of victims and witnesses.

The guidelines will also enhance cooperation, collaboration and coordination among key stakeholders in the administration of justice.

Director of Public prosecutions Noordin Haji launching the standard operating procedures manual and rapid reference guide on FGM cases. He is flanked by other leaders and rights activists.
EFFICIENCY: Director of Public prosecutions Noordin Haji launching the standard operating procedures manual and rapid reference guide on FGM cases. He is flanked by other leaders and rights activists.
Image: STEPHEN ASTARIKO

Haji said FGM is not anchored anywhere in religion and people should not hide behind it to continue practicing the act.

He strongly opposed arbitration of FGM through ‘Maslah’ which is an alternative dispute resolution method amongst Muslims.

“There are people who have approached me saying they have agreed to settle the matter with the elders and pay the victims. Some of these matters are rape cases involving an uncle and his niece,” Haji said.

The DPP said all matters of gender based violence, sexual offences, defilement, and FGM cases will not be settled through Maslah.

"If you are truly Islamic, you know the punishment of raping a woman,” he said.

He warned chiefs and sub chiefs who allegedly lead the elders in settling defilement and FGM cases through Maslah that action will be taken against them.

He called for greater cooperation and coordination among all relevant government institutions together with the grassroots organisations, religious bodies and communities.

Haji said there is need to develop strategies to end FGM in accordance with President Kenyatta’s 2019 directive to end FGM by 2022.

Northeastern police commander Rono Bunei said police will give matters related to FGM the seriousness it deserves, to make sure that the ‘cut’ is stopped.

Bunei said affected girls, in most cases, drop out of school and are forced into early marriages, denying them their basic rights to education.

The Kenya Demographics and Health surveys and the United Nations Children’s Fund estimate that over four million women and girls have been subjected to FGM.

This means one in five women and girls have been subjected to this gruesome violation of their rights.

FGM was outlawed in Kenya in 2011 though it continues to be a cultural practice among several communities.

As a result of schools closing owing to the Covid-19 pandemic, there were increased cases of FGM, sexual violence and child marriage.

(Edited by Bilha Makokha)

Dadaab MP Mohamed Dahiye speaking at the function.
WAR AGAINST GBV: Dadaab MP Mohamed Dahiye speaking at the function.
Image: STEPHEN ASTARIKO
Garissa county secretary Abdi Ali speaking at the function.
WAR AGAINST GBV: Garissa county secretary Abdi Ali speaking at the function.
Image: STEPHEN ASTARIKO
Activists from Garissa after the launching the standard operating procedures manual and rapid reference guide on FGM cases.
WAR AGAINST GBV: Activists from Garissa after the launching the standard operating procedures manual and rapid reference guide on FGM cases.
Image: STEPHEN ASTARIKO
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