Customary law prevents justice for girls in Baringo

Tang’ulbei Women's Network chairperson Mary Kuket (left) and Janet Ng’orakin during a press conference in Kabarnet ./JOSEPH KANGOGO
Tang’ulbei Women's Network chairperson Mary Kuket (left) and Janet Ng’orakin during a press conference in Kabarnet ./JOSEPH KANGOGO

Due to high illiteracy in Tiaty, Baringo county, many people still value the traditional dispute resolution method locally known as ‘Labai’.

‘Labai’ is a cultural cleansing process, whereby an individual or clan being convicted of a mistake, however serous, like murder or rape, is only punished by being asked to pay a certain number of livestock.

“Life must continue, provided they agree and there is peace. The law also recognises and upholds such traditional ways of conflict resolutions, although we keep receiving complaints over them,” a government official from the locality told the Star.

He said even in the 21st century, education is yet to infiltrate the interior rural villages.

“The only people who seem at least civilised are those living along the road heading to Loruk, Nginyang, Chemolingot and Parpello. Otherwise, illiteracy dominates the entire expansive place,” he said.

A horrible incident occurred recently in Nasorot village, where a 13-year-old girl was killed by six warriors for refusing to marry a 60-year-old grandfather to become his fifth wife.

“600 head of cattle were agreed upon by the clans of the disputing families to resettle the murder case,” a source told the Star.

The girl’s parents forced her to early marriage soon after she underwent FGM together with thousands of her agemates.

“Maybe it was just a normal way of punishing the girl for her stubbornness before she succumbed,” resident Yano Lotole said.

After failing to meet the agreed 600 number of livestock, a conflict erupted that finally forced the parties to opt for recording a statement at Nginyang police station.

Ng’inyang police boss James Musyimi said, “uncountable number of cases go unreported”, adding that the culprits are still at large.

He said police are pursuing a suspect Lodomoki Kokon, 23, over murder. Kokon killed Musa Lomada, 22, after disagreeing over who should marry a 13-year-old circumcised girl in Tiaty East subcounty.

The incident occured barely two weeks after a 12-year-old girl from Embositit village claimed was forced to circumcision and married three times to old men over 60.

She was later rescued by a missionary, African Inland Church Pastor David Kimeu and his wife Judy.

“The girl must have faced the cut when she was eight years old because she ran to us in September last year,” Pastor Kimeu said.

The girl ran away from the frequent beatings by her third ‘husband’, who subjected her to look after his livestock upon noticing she was still too you to make a responsible wife.

Tiaty East deputy commissioner Sylvester Barasa said: “If all that is true then the culprits should be arrested immediately. That is what I will instruct my officers on the ground to do immediately.”

NOTORIOUS AREAS

Barasa urged parents to stop practising FGM and early marriage and consider taking their children to school.

He said the most notorious areas are Nasorot, Akwichatis, Silale and Mondi.

Tangulbei Women Network chairwoman Mary Kuket condemned the deadly cultural practices, saying all the criminals must be arrested and prosecuted.

Kuket said the expansive area of Silale and parts of Tang’ulbei-Korossi wards lack religious places of worship and schools, allowing the illiterate residents to have a field day of taking the law in their hands.

“It is heartbreaking to note that a young soul has lost her life in a solvable situation. The government and all stakeholders should now come on board to discuss ways to eradicate the unruly cultures,” she said.

Kuket said many such incidences happen every day in Pokot land, although most of them go unreported because the villagers decide to finish them the ‘Labai’ way.

Baringo is mostly inhabited by Pokot, Tugen and Ilchamus pastoral communities, whose livelihood depends on livestock.

Dowry payment for a circumcised girl is up to 60 goats, 30 cows or 20 camels, depending on the agreement between the families involved.

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