Of a broken system that's betraying defilement victims
The Ministry of Health says 9,484 children were defiled last year alone. These are not mere statistics; they are innocent lives forever scarred.
What you need to know:
- The systemic failure of our judicial system to deliver justice for these innocent victims is distressing.
- I have witnessed first-hand the heart-breaking ordeal of my five-year-old bestie, Lisa*, who lives in the village with her grandparents.
The defilement of children is a scourge plaguing our nation, with alarming cases emerging daily. Yet, more distressing is the systemic failure of our judicial system to deliver justice for these innocent victims.
Recent reports expose the harrowing reality faced by defilement survivors. In Murang'a, a man walked free after a 15-year sentence due to ‘mistakes’ by the investigating officer and prosecution, who failed to produce crucial evidence like the P3 form and baptism card to prove the offence and victim's age.
In Mombasa, a perpetrator was released after the High Court found contradictory accounts from the victim, after he had been sentenced to 20 years. The two cases are symptomatic of deeply entrenched problems within our judicial system.
Casual labourer
Closer to home, I have witnessed first-hand the heart-breaking ordeal of my six-year-old bestie, Lisa*, who lives in the village with her grandparents.
The case being handled at Siaya Law Courts, is crumbling. Lisa's mother, a casual labourer in Nairobi, has spent a significant portion of her hard-earned money facilitating transportation for her daughter, the police, and the teacher (the whistle-blower) to attend court proceedings. The investigating officer has repeatedly demanded financial facilitation, draining her resources. Distressingly, the teacher, a key witness, has withdrawn support, citing discomfort in testifying against family members.
The perpetrator's relatives have resorted to intimidation tactics, attempting to coerce Lisa's grandparents into an out-of-court settlement. Other villagers have turned against the mother for seeking justice. Worst of all, the investigating officer now claims Lisa's P3 file, crucial evidence, cannot be traced, potentially leading to the case's dismissal amidst allegations of bribery.
This heart-breaking scenario is not isolated. The Ministry of Health says 9,484 children were defiled last year alone. These are not mere statistics; they are innocent lives forever scarred.
Judicial system
The fact that perpetrators can evade justice through bribery, witness manipulation, and the disappearance of case files is a grave injustice that undermines the rule of law. It is unacceptable that victims, already enduring immense trauma, are further victimised by a system meant to protect them. Urgent, comprehensive reforms within the judicial system and law enforcement agencies are needed.
Robust measures must be implemented to root out corruption, strengthen accountability, and safeguard victims' rights. Establishing mechanisms to protect witnesses and prevent evidence tampering is imperative. Victims must feel supported and empowered throughout the legal process. Collaboration between government agencies, civil society organisations, and community leaders is crucial.
Protecting our most vulnerable members should be a top priority, and any failure to uphold this responsibility undermines the foundations of a just and ethical society. When case files disappear and witnesses are coerced into silence or pressured to provide transportation to court, it is evident justice favours the abusers.
The consequences of this systemic failure are devastating. Defilement victims, already grappling with psychological and emotional scars, are denied closure and healing. Instead, they relive trauma repeatedly, their pursuit of justice thwarted by the very system meant to protect them.
Moreover, the impunity with which perpetrators evade accountability emboldens them, perpetuating a cycle of abuse.
Sacred duty
Robust anti-corruption measures within the judicial system and law enforcement, with severe consequences for compromising legal integrity, are crucial. Witness protection programs must be strengthened, and resources allocated to ensure victims are not burdened with navigating the legal system alone.
The defilement of a child is a crime against humanity itself. We must take a stand; victims' rights will be upheld, and perpetrators will face the full force of the law. Anything less betrays our sacred duty to protect the innocent and uphold justice for all.
Meanwhile, I am afraid for Lisa.
