[Svrilist] Kenyan Activists Push for change in Rape Laws

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Fri May 12 21:27:05 SAST 2006



Kenyan Activists Push New Sex-Assault Law

By Ochieng' Ogodo
WeNews correspondent

Njoki NdunThree days later, some 200 kilometers away in Sotik, Zephaniah
Kibet Koech was sentenced to seven years in prison after pleading guilty to
raping a 13-year-old. Koech waylaid the girl on her way to school, forcibly
removed her clothes and gagged her before raping her.

The two child-rape cases were part of a torrent of publicity about a crime
that has been rising in Kenya. Despite survivors' reluctance to make public
accusations, 1,987 women and children were reported to be raped in 2001;
2,005 in 2002; 2,308 in 2003. In 2005, the number of cases rose to 2,908,
according to police statistics released last September. The East Africa
nation has a population of about 30 million.

In response to growing concern over rape and incest, one member of Kenya's
Parliament, Njoki Ndun'gu, introduced a bill last summer that would have
handed down stiff penalties to convicted rapists and revised a legal code
for addressing sexual crimes that had not experienced significant
alterations since 1930.

"The current law relating to rape and other sexual offenses is archaic and
we have to do something," Ndun'gu told Women's eNews. "Would-be offenders
must know that if they commit the crime, they will not escape with a fine or
a couple months in jail but will be behind bars for the best part of their

But Ndun'gu's Sexual Offenses Bill hasn't won passage yet. Last week the
Parliament went on recess without approving it. The bill, which many
observers predict will ultimately be passed in an amended form, has been
greeted with skepticism by some in the male-dominated Parliament. In late
April, 12 of the body's 18 female members stormed out of a debate in protest
after member Paddy Ahenda remarked that many Kenyan women were too "shy" to
consent to sex by saying yes directly.

"If the bill is adopted the way it is, it will prevent men from courting
women and this will be a serious impediment to the young who would want to
marry," Ahenda said. "In our culture, when women say no, they mean yes,
unless she's loose in morals."

'Endemic' Abuse of Children

Last July, Care International issued a blistering report about the abuse of
children in Kenya, calling it endemic. "Alarmingly, the most common form of
abuse against children appears to be sexual abuse," the Nairobi-based
humanitarian aid group found.

The report drew a link between the prevalence of sexual abuse in Kenya and
socio-economic status, noting that about 80 percent of reported cases
occurred in low-income areas and slums. Families can be found living in
single rooms with limited privacy. High unemployment rates among youths are
also a factor, the report said.

But most sexual abuses that occur in wealthier households often go
unreported, the report said. A similar report issued by London-based Amnesty
International in March of 2002 called on the Kenyan government to reform its
rape laws, noting that many victims face "insurmountable obstacles" in
reporting their cases and encounter hostility from family, the police and
community members.

Spurred by the prevalence of the crime, the severity of physical and
psychological injury to victims and heightened media attention, Ndun'gu and
anti-rape activists in 2005 proposed tougher punishments for convicted
offenders of various types of sexual assault. The original bill was
withdrawn after it was criticized for including chemical castration as a
possible sentence for rapists, but a revised version eliminating castration
was reintroduced.

The current bill presents 36 penalties for convicted rapists, which range
from hard labor, prison sentences between one and 20 years and even life
terms. Under the bill, anyone convicted of publishing or distributing child
pornography will face at least six years in prison or a fine up to 500,000
Kenyan shillings, about $7,000.

The bill also introduces marital rape as a crime for the first time.

Child Marriage Outlawed

Anyone convicted of marrying a minor--under 18--would face a prison term of
at least 10 years. Girls as young as 10 years old are commonly married among
some of the traditional pastoral communities of Kenya, even though the age
of consent was raised to 18 in 1999 as a method to combat the spread of

The law would also punish a man found guilty of forced wife inheritance--a
traditional custom that says a widow must be "inherited" by her husband's
brother or close relative--with a 10-year prison term.

"The Sexual Offenses Bill will address gaps in our current law," said
Kathurima M'Inoti, chair of the Kenya Law Reform Commission, adding that the
current penal code was developed from centuries-old customs and ideas.

The bill was spearheaded by 40-year-old Ndun'gu. Before her nomination to
Parliament in early 2003, Ndun'gu worked with women's rights activists who
informed her that rape occurs in Kenya every 30 minutes. She also worked
with the Nairobi Women's Hospital, which since its foundation 10 years ago
has treated rape victims.

The Kenya chapter of the Nairobi-based Federation of Women Lawyers Kenya
found in a 1999 study that very few survivors of gender-based violence will
report the crime and even fewer will pursue legal action.

Stigma Affects Victims

"Unfortunately due to gender discrimination, the low status in society of
women and girls, and the terrible stigma that affects the victims and their
families, little or no reporting of rape occurs and it goes unpunished,"
says Ndun'gu.

A rape survivor, say activists, is often shunned by family and former
friends as "unclean." In some communities they can only be married as second
or third wives.

Authors of Care International's July study found that rape cases,
particularly those involving upper and middle-income women, often were only
brought to light after a survivor developed medical complications or was in
dire need of medical attention.

While resistance to reporting rape may rise with income, Millicent Odhiambo,
executive director of Nairobi-based The CRADLE--The Children Foundation,
says the vast majority of rapes--80 percent--occurs in low-income, crowded
neighborhoods where families share single rooms that offer no privacy for
parents and their children.

Odhiambo says that while the topic of rape has been traditionally hushed,
the media has substantially increased their reporting of the crime and some
survivors are now talking about their experiences and even seeking media

Ogodo is a Nairobi-based journalist who writes extensively on human rights

Women's eNews welcomes your comments. E-mail us at editors at womensenews.org.


For more information:

Amnesty International
"Kenya: Rape-the Invisible Crime":

Coalition of Violence Against Women--Kenya:

Care International in Kenya:


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