The Presidential Technical Working Group (TWG) on Gender-Based Violence (GBV) has raised concern over the retrogressive cultural practices fuelling the vice in Western Kenya.
The taskforce, which received submissions during a public participation forum in Kakamega, drew attention to reports that parents collude with perpetrators to obstruct justice for their own children who are survivors of defilement.
The force were also shocked to learn that some chiefs shield perpetrators by prioritizing societal, traditional and cultural dictates over the law.
“Some chiefs in the region still cling to cultural tenets; despite the law being there for reference, they will think first in their cultural settings, before the law, and the perpetrators seem to have noticed those weak areas, so they will go ahead of the victims to just compromise the chiefs denying justice to survivors,” said Linah Chebii Kilimo.
Kilimo, who was leading the Presidential Technical Working Group (TWG) on Gender-Based Violence (GBV) during a public participation forum in Kakamega, noted that defilement cases and femicide are still rampant yet they often go unreported due to fear, stigma and the risk of being ostracized by the community.
She noted that land succession remains a major challenge with boys being favored while girls and widows are denied inheritance and lack economic support systems.
“We have always thought that patriarchal societies could be in other areas but it is still deep-rooted in Western Kenya. Despite our constitution saying that all children are equal before the law, here the boy child takes precedence and when it comes to issues of land inheritance, even a widow who had daughters will be uprooted from her land because she is not allowed to own land,” she added.
She also said that there were concerted efforts in the region between the parents of perpetrators and survivors of SGBV to defeat justice.
“On the cases that are filed in court, the parents of the perpetrators and the survivors meet, each one of them protecting their clan’s name so they agree and they force the survivors to withdraw the cases,” she disclosed.
Kilimo said that the perpetrators of SGBV from the region tend to try and defeat justice through orchestration making it complicated for actors, like Non-Governmental Organizations, who try to push for justice.
“Justice is defeated by the orchestration that, despite the police and NGOs stepping in to enhance justice, the perpetrators try to influence the victims through threats and intimidation to step forward to say they have agreed and solved the matter,” she said.
Kilimo noted that survivors of SGBV, especially men, face stigma in the society with increasing psychosocial issues being recorded from all the 12 sub counties of Kakamega due to their reluctance to report and seek help.
She also observed that most people report SGBV cases in rescue centers within hospitals as compared to police stations.
She called for a rigorous community sensitization programme while encouraging dialogue in the communities to inform and discard the backward cultural beliefs.
Kakamega County Commissioner Meru Mwangi issued a stern warning that the government will not entertain National Government Administration Officers (NGAO) who will fail to administer their duties as directed by the law.
Mwangi warned that the government will not allow some of the repugnant community cultural practices that infringe the rights of survivors of SGBV.
“We need to team up so that we get information to be able to look at both civil and criminal cases at length and in detail, strategize and ensure that all reported cases are tackled and we follow up to ensure justice is served,” he added.
The County commissioner warned that the government will firmly enforce the law especially on land succession.
“On land succession in this region, the girl child is not considered, which is a contradiction of the constitution of Kenya, because equality and inheritance are a birthright and everybody is supposed to be given a share,” he said.
By Moses Wekesa and Abraham Luvale
