From threatened judges to vanishing witnesses: Inside the web protecting powerful child abusers
Milimani Law Courts in Nairobi on July 22, 2020. Politicians have faced accusations of defilement, yet the outcomes of such cases raise questions about the government's commitment to protecting children from sexual abuse.
What you need to know:
- Over the years, politicians have faced accusations, yet the outcomes of their cases raise questions about the government's commitment to protecting children from sexual abuse.
- Last year, a Busia politician accused of defiling a 14-year-old girl was brought to court only after local women protested; the case is ongoing.
Once again, 2024 has been marred by a distasteful event involving the name of a politician. Months ago, a blogger accused a politician, whom he had criticised for his leadership style, of masterminding his own kidnapping and gang rape.
The politician later denied the accusations. However, the public was outraged by the use of sexual violence as a means to settle scores. “This is completely inhumane and totally unacceptable!” Leshan Kereto, a user on X, said.
“Gender-based violence has lifelong effects on physical, psychological and sexual health. It also affects self-esteem, work effectiveness, decision-making, and even the ability to lead a normal life.”
Over the years, Kenyan politicians have faced accusations of defilement, yet the outcomes of such cases raise questions about the government's commitment to protecting children from sexual abuse.
On November 7, 2023, the Office of the Director of Public Prosecutions (ODPP) withdrew a defilement case against Mogotio Member of Parliament (MP) Reuben Kiborek, who was accused of violating a 15-year-old girl in 2018. Senior Assistant Director of Public Prosecutions Hassan Abdi sought to withdraw the case under Section 87 (a) of the Criminal Procedure Code, citing a lack of witnesses.
This is not the first instance where a defilement case involving a politician has been dropped. In 2020, Senior Principal Magistrate Denis Mikoyan at Ogembo Law Courts dismissed a defilement case against Kisii Member of County Assembly (MCA) Evans Mokoro.
In dismissing the case, he stated, “In all practical purposes, there were glaring inconsistencies in the evidence adduced by the prosecution, and the lack of willingness by the complainant complicated the matter further.”
It is notable that the 16-year-old girl he allegedly defiled and impregnated had earlier filed an affidavit, asking the court to drop the case. She stated that she had neither asked her mother, a DCI officer in Nyamarambe, nor South Mugirango MP Silvanus Osoro to establish the father of her child.
That’s not all. Last year, a Busia politician accused of defiling a 14-year-old girl was brought to court only after local women protested. The case is ongoing.
Previously, the magistrate at Port Victoria Law Courts handling the case withdrew from the matter, citing fear for her life. This magistrate referred the case to Busia Principal Magistrate Edna Nyaloti, who indicated that she would seek the advice of Chief Justice Martha Koome if she finds the “ground not good for her to handle it”.
So where is the justice for the children when powerful and influential individuals are involved? This is the question Kenyans raised on X, formerly Twitter, following the withdrawal of Kiborek’s defilement case.
“Is it the case that rape cases involving MPs are permissible under the Constitution while they are prohibited for ordinary citizens? The decision by the Director of Public Prosecutions (DPP) to withdraw defilement charges against Mogotio MP Reuben Kiborek appears to set a concerning precedent. We must prioritise justice for the girl in question, and this decision is deeply disappointing and unacceptable,” Albert Smart observed.
Chienjo Jr expressed empathy for the violated girl. “What boggles me is how the temple of justice is severely compromised such that whatever comes from it is far less certain to match public trust. My heart goes out to the victim and her loved ones; the heartbreak is unbearable,” he said.
Lesit Wetu remarked that defilement is a serious matter that should never be treated with leniency. “In Kenya, the defilement law is a joke and only applies to the poor,” Lesit stated.
