Survivor and rights defenders welcome Maslaha ban as Kenya moves to prosecute all GBV cases in court

This story has significance for readers across Kenya and beyond.

What you need to know:

- Survivors of sexual violence in northern Kenya hope a proposed law will finally end informal settlements that have denied them justice.

- Human rights defenders say banning Maslaha will help ensure defilement, rape and other sexual offences are prosecuted through formal courts.

One night in May last year, after Zeitun Abdalla had retired to bed, something unexpected happened that left her speechless and in shock. Zeitun, who hails from Wajir, was violently defiled by her cousin, who then warned her against telling anyone what had happened. She was 15. A month later, Zeitun’s worst fears were confirmed when she missed her monthly period and realised that she was pregnant.

“My cousin, with whom we stayed, came to my room and defiled me repeatedly before leaving me for dead. I tried to resist, but he was too strong for me. My pleas fell on deaf ears. After he was done, he warned me against telling anyone what had happened. He said if I dared mention him anywhere in relation to what had happened, I would be dead meat,” she tells the Nation.

What made her even more fearful was that her cousin would remind her every day of the dire consequences if she dared expose him. Fearing for her safety, Zeitun decided to run away. “I ran away from home not knowing where to go. I was, however, lucky to find refuge in a safe shelter far from home, where I was welcomed with open arms.”

What still angers Zeitun is that she has never got justice; the perpetrator is still roaming free. Through the Maslaha system, a total of Sh60,000 was raised to settle her case before it could reach the authorities. Of this money, elders took Sh40,000, her uncle pocketed Sh3,000, while her mother received Sh17,000.

Maslaha has for decades been blamed for the high prevalence of sexual and gender-based violence (SGBV) in the North-Eastern region. Elders have long used it as an alternative method of dispute resolution. Under this system, elders, perpetrators and their families engage victims’ families and negotiate an out-of-court settlement.

Money and herds of cattle, goats and camels change hands as a form of compensation for the wrongdoing. Maslaha has been blamed for denying many victims justice. It is for these reasons that some human rights defenders in the region began a campaign to abolish the oppressive system. Their campaign has finally borne fruit, with the Sexual Offences (Amendment) Bill, 2026, banning Maslaha and kangaroo courts used to settle such cases.

The Bill, spearheaded by the National Council on the Administration of Justice (NCAJ), bans informal out-of-court settlements and strengthens survivor-centred protections. It declares any traditional dispute resolution mechanism, informal agreement or private settlement completely void and illegal, recommending mandatory prosecution through formal courts.

Early this year, the Ministry of Interior and National Administration announced the abolition of Maslaha, specifically calling for the mandatory prosecution of all defilement and sexual violence cases without room for out-of-court mediation.

The ministry directed chiefs, Nyumba Kumi officials and investigation officers to ensure all cases involving sexual violence are thoroughly investigated and prosecuted. Interior Cabinet Secretary Kipchumba Murkomen directed chiefs to stop arbitrating cases of GBV, defilement and other sexual offences through alternative dispute resolution.

“We must be firm to fight gender-based violence and sexual offences. This is something that we are going to be serious with as administrators, including making sure that our children are safe from sexual exploitation of any manner,” Mr Murkomen said.

Halima Bachola has been a human rights defender in Wajir for the last 16 years. She tells the Nation that she plunged into human rights activism after witnessing how many young girls and women were subjected to sexual violence while perpetrators walked scot-free.

“What has been happening in the county is a disaster against girls and women in terms of sexual violence: defilement, rapes, sodomy and domestic violence against women and girls. The sexual violence prevalence in Wajir County is high. Many of such cases are not reported to the authorities, thanks to the Maslaha system,” she says.

Elders blamed

Halima accuses elders of shielding perpetrators from legal action by encouraging Maslaha. “The elders are the ones perpetuating the vices to continue. Nothing will prevent a sex pest from violating more girls and women. Accepting money for Maslaha shows that the clan or the community is in a way celebrating what the perpetrator did,” she notes.

Since 2010, Halima has helped more than 50 cases reach the authorities and courts. The cases in which she has helped survivors seek justice include one where a chief was sentenced to 40 years in prison in 2022 for repeatedly defiling an 18-year-old girl and circulating her nudes on social media. Chief Kalimoi Shale was also slapped with a Sh500,000 fine as compensation to the victim. The chief had forced the girl into an out-of-court settlement.

Fatuma Abdi, another human rights defender in Wajir since 2006, faults the Maslaha system for encouraging mediation in grave matters such as sexual violence. Besides providing free legal aid, Fatuma offers counselling services to survivors to help them manage their mental health and trauma.

She is happy that the Amendment Bill has banned Maslaha to end the informal settlement of sexual violence cases. “This is good news. It is what we have been fighting for. Once the Bill becomes law, it will be illegal to use the Maslaha system for such cases. This will help us fight the vice,” Halima says.

Fatuma says that for the last 20 years, she has always maintained that no mediation should be conducted or entertained in matters involving SGBV. “Maslaha has been a nightmare for survivors of sexual violence in the northern Kenya region. It has been the biggest barrier to justice for women and girls and has always favoured masculinity and men,” Fatuma says.

She regrets that elders have been taking the bulk of the money, with survivors receiving only two to three per cent. She accuses the elders of abetting the vice by mediating defilement, incest and sodomy cases. She commends the proposed law and the government directive banning Maslaha in SGBV cases.

“This is a step in the right direction. Perpetrators of sexual violence must be made to pay. Elders have been making a killing from such violations. They have been making huge sums of money taken before them. Defilement and rape should not be handled by elders through Maslaha. These are criminal acts, and perpetrators must be taken to court and face the law,” she says.

For Muktar Dahir, a human rights activist in Garissa, the county has recently witnessed a spike in cases of sexual violence. The chairperson of the Garissa Human Rights Defenders Network says about 10 cases are reported daily at the Gender Recovery Centre. He blames Maslaha for the surge in incidents.

“The community has been condoning the vice by protecting and shielding perpetrators through Maslaha. A clique of elders has been sitting under a tree, purporting to settle these cases. They do not care about the welfare of survivors,” Muktar says.

He blames the rise on a lack of support and goodwill from political, religious and community leaders. The activist cites an urgent need for leaders to condemn SGBV. “The Maslaha system has been the worst form of dispute resolution as it works against women and girls. The worst part is that they do not even invite the survivors to appear in those meetings to, at least, understand their pain.”

The activist is happy that the Amendment Bill includes the prohibition of Maslaha in resolving sexual violence matters. “This has always been my wish and prayer. The amendment should also make it mandatory for perpetrators to compensate victims in addition to serving time in jail.”

Mohammed Abdillahi, an elder, says all survivors should be accorded justice. “If a girl or woman is violated, such cases should go to court for perpetrators to face the law. The elders have a role to play in the fight against sexual violence against girls and women,” he says.

The elder admits that money ranging from Sh300,000 to Sh400,000 has been changing hands through Maslaha and says this should not be entertained. “The community should not support sexual violence of any form. It goes against our religion. I believe Maslaha should not be used to solve any sexual and gender-based cases. I am happy to learn that it has been banned,” he says.

Abdi Shakur, a retired chief, has also denounced Maslaha. “From now on, such matters of sexual and gender-based violence should be left to the police and the courts. Once the matters are reported, they should be investigated and prosecuted.”

Even though there is no exact official statistic or total number of victims denied justice through Maslaha in northern Kenya, investigative reports and human rights documentation show that the practice is widespread, with cases handled informally and kept out of official judicial data.

Zeitun, whose innocence was stolen, is happy with the ban. “I welcome the proposed amendment that seeks to ban Maslaha in matters touching on sexual violence. If such a law had been in place, I would have got justice,” she says.

Reporting originally appeared via Nation Africa. Read the full source for additional context.