Punish elders who settle gender based-violence cases traditionally, President Ruto taskforce told

The taskforce appointed by President William Ruto to address the rise in gender-based violence (GBV) has been urged to push for amendments to the Sexual Offences Act to criminalise traditional arbitration in sexual violence cases.

Speaking during a public participation session held at Garissa Guest House, Muktar Dahir Osman, Chairperson of the Garissa Human Rights Network, said that existing laws are too weak and have failed to deter sexual and gender-based violence across the country.

He criticised the practice of maslaha—a form of community-based mediation by elders—as an enabler of abuse. Osman called for harsher penalties for those who attempt to resolve sexual violence cases outside the judicial system.

“Elders mediating GBV cases only help perpetrators evade justice. This traditional arbitration must be criminalised if we are serious about protecting survivors,” Osman said.

He called for expedited handling of GBV cases, suggesting that such matters should be concluded within three to six months to prevent undue delays that allow space for negotiation or coercion.

“Prolonged trials often give perpetrators an opportunity to interfere with victims or intimidate witnesses. Speedy trials are critical,” he added.

The remarks were made during a public engagement session by the 42-member Presidential Taskforce on GBV and Femicide, chaired by former Deputy Chief Justice Nancy Baraza. The taskforce, formed in January 2024, has been mandated to review and recommend reforms to strengthen the institutional, legal, and policy frameworks on GBV and femicide.

Osman further urged the government to ensure that every police station has a dedicated gender desk, manned by female officers, to facilitate effective reporting. He also called for the establishment of Gender-Based Violence Recovery Centres in each county.

Ibrahim Kassim of the Kenya National Commission on Human Rights attributed the delays in GBV cases to the lack of forensic infrastructure, such as crime scene investigation units and government chemists. He noted that many counties lack such facilities, resulting in prolonged investigations and a backlog of unresolved cases.

He called for the strengthening of oversight bodies to prevent interference in ongoing cases and advocated for legal aid to be extended to accused persons, cautioning that some may fall victim to fabricated charges.

“While the focus is on victims, fair trials for the accused are also crucial. Legal aid ensures justice on all fronts,” Kassim said.

Members of the Garissa-based Gender Technical Working Group noted that poverty, substance abuse, and lack of awareness contribute to the rise in femicide and GBV cases.

In a joint statement, the group said weak access to justice and the complex nature of reporting processes have made many victims prefer local mediation through elders.

“Many survivors, especially in rural areas with low literacy levels, are unaware of their rights or how to seek help. This gap in knowledge makes them vulnerable to further abuse,” they said.

The group also highlighted the economic vulnerabilities that trap women in abusive relationships, including financial dependency on spouses or relatives.

“Young girls are sometimes forced to exchange sexual favours for school fees, employment, or food—especially during droughts or in conflict-prone regions,” they said.

They called for a comprehensive, multi-sectoral response to GBV that includes legal reforms, public education, economic empowerment, and stronger protection mechanisms for survivors.