Elders from the Murrule and Garre communities have agreed that rapists in inter-clan clashes will pay a Ksh 60,000 fine with the aim of maintaining peace in the area.
Communities in the region had accused each other of attacks and rape with one of the groups accepting charges which the elders settled on an amicable punishment of Ksh 60,000.
The Murulle and Garre communities have had conflicts over pasture and water in the past. These conflicts have resulted in death, sexual offenses and injuries.
Elders in the Somali community use the customary law in determining compensation for damages impacted on victims. Victims of rape during these clashes will have no choice but to settle on the decision made by the elders. The two communities signed a peace pact on February,8.
Since the Covid-19 virus pandemic broke out in Kenya, statistics released by the Ministry of Health as of July 2020 showed that at least 5,000 rape cases had been recorded many of them involving girls aged under 18 years. The country witnessed a seven percent increase in forms of violence.
According to Kenyan law, the penalty for rape is a minimum sentence of 10 years’ imprisonment which may be enhanced to life imprisonment.
A bill sponsored by Busia Women Representative, Florence Mutua, proposed amendments to sexual offenses Act, 2006, including the prohibition of a plea bargain. It however failed to sail through due to lack of sufficient support by the MPs.
The bill proposed that any person initiating or conniving to conceal a sexual offense should be fined Ksh 500,000 or a jail term of five years.
The bill proposed that the term sexual offenders should be expanded to include anyone offering money or any type of property as compensation from the suspect, marrying off victims to offenders, distorting evidence and preventing police from conducting investigations.
