6, 000 cases of defilement reported in 2014

Peace Initiative Kenya Kisumu County Co-ordinator Caren Omanga advise women in Seme Constituency on how to report sexual offences. (PHOTO: MAUREEN ODIWUOR/STANDARD)

On November 25, 2009, Miriam (not her real name) was outside playing with her 16-year-old brother when his father summoned her. He wanted her to fetch him a glass of drinking water.

She hurriedly took the water to his father in his bedroom as ordered, hoping to quickly join his brother who was still having fun outside. But this was not to be as his father did not need water, but had set devious trap to quench his wicked form of thirst.

Immediately she stepped into the bedroom, he grabbed her and started to do the unthinkable— to defile his daughter, his own flesh and blood, in the same room and same bed he shared with his wife—her mother.

Her brother, attracted by her painful wails, rushed into the house and caught his father the act.

"I found my father and Miriam in my parent's bedroom. My father had lowered his trousers to the feet and had lifted her dress to her waist. He was defiling her. When he saw me he panicked and released her," her brother told a Mombasa Court.

Their mother, who returned in the evening, took the girl to hospital where she spent five days. The man was arrested and arraigned in court a week later.

The Magistrate's Court later slapped the monster with a 30-year jail term. Unhappy with the decision, the man appealed the decision. But High Court Judge Maureen Odero dealt him another blow for the sake of justice; she enhanced his sentence to lifetime imprisonment.

"The 30-year term is unlawful and thus cannot be upheld. As such I set aside the term and imposed the lawful mandatory sentence for this offence being life imprisonment. Finally, this appeal fails in its entirety and is hereby dismissed," Justice Odero ruled.

Shockingly, even such punitive sentences have failed to deter warped child molesters.

In fact, Miriam's is not an isolated case. She is one of the thousands of Kenyan children who have been left with lifetime scars of defilement - not by a stranger - but by the same people they trust and who are supposed to protect them.

Perpetrators of the heinous act are parents, relatives, neighbours, guardians and professionals such as teachers and, even, older siblings.

Burgeoning crisis

So prevalent is this abuse that a 2010 national survey-Prevalence of Sexual, Physical and Emotional Violence -indicated that nearly one in three Kenyan girls under the age of 18 experiences sexual violence.

While on a visit to Vihiga County in March this year, a county worst hit by the scourge of defilement, Chief Justice Willy Mutunga termed the problem a "burgeoning defilement crisis".

Dr Mutunga said last year (2014), that 6,101 defilement cases were filed in court, in addition to the 7,727 cases recorded the previous year.

"Defilement is emerging as a challenge of endemic proportions. Last year, the number of sexual offences cases presented in court nationally rose from 7,727 to 13,828.

"Whereas there might be those who would argue that reporting and general public awareness have increased, the presentations of various court users point to a burgeoning defilement crisis," Mutunga said in an address in March this year.

"Courts will mete out the severest sanctions to offenders, but families and communities must do more to prevent and end the insecurity being visited on children and women," he added.

Research by IPAS Africa Alliance, a lobby for reproductive rights, found that Vihiga County had one of the highest incidences of defilement in 2014. The area still records an average of five cases of defilement and incest daily, despite efforts by the county to curb the vice.

Mutunga said the high number of reported cases of defilement in the county points to a crisis that needs immediate attention. Thirty two cases of defilement were reported at the Vihiga Children's Office in the second quarter of this year alone. Out of these, 28 involved family members and close relatives.

National Child Helpline, a 24-hour toll-free telephone helpline for children and the public to report cases of child abuse, in 2012 recorded 1,253 cases, 2013 (715), 2014 (511) and 186 cases have so far been reported this year. The figures exclude reports through other reporting channels like police and hospitals.

"About these cases ballooning, it may not be possible to tell based on the data provided because many of the calls are made by adults on behalf of children. This means that in case a child is defiled and does not tell or it is never found out then we may never get the report," said Martha Sunda, programme co-ordinator, National Child Helpline (116).

"We believe a lot more defilement cases go unreported either because of technological challenges (poor telephone network and possible limited access to phones), different understandings of what defilement constitutes, or because of cultural beliefs and practices that promote defilement among other reasons," Ms Sunda explained.

Records at Milimani Children Courts show 41 sexual offences cases were registered there between 2012 and September, this year.

Nine defilement cases have been recorded this year, the same number as last year. In 2013, there were six defilement cases and seven in 2012.

The Judiciary, in its 2015 Bail and Bond Policy Guidelines, indicates that some of the defilement victims do not find justice once the offenders are released on bail or bond terms as the accused often compromise cases.

"Defilement cases present a special challenge. The country is not only experiencing an upsurge in defilement cases, but many such cases are compromised as soon as accused persons are released on bail. This happens because the families of the accused person and the victim usually negotiate to settle the cases out of court," the Guidelines read.

It continues: "Some courts are dealing with this challenge by denying accused persons bail until witnesses, especially the victim, have testified in such cases. The courts have adopted the same approach in murder cases, particularly where the witnesses are closely related to the accused person."

Law Society of Kenya's Eric Mutua said the current Sexual Offences Act is adequate to address the menace. "The sentences go up to life imprisonment and thus it is adequate enough to warn those who think that they can defile a child."

Mr Mutua said the courts are unable to find proper grounds to convict the perpetrators due to poor investigations by the police.

"As much as the cases are prevalent, the perpetrators are not being convicted. We need reforms especially in the police as the rate of convictions is very low due to poor investigations," he said.

Paedophilia

Lawyer Tom Macharia recommends that the country sets up a database of defilement suspects. Where they are released on bail, they should have a tracker and be compelled to report to authorities.

He stated that some of the perpetrators suffer from paedophilia and thus threats or future punishment are not enough to stop the vice.

Paedophilia is defined as a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children, generally age 11 years or younger.

"Those who do it, even when released will attempt to do more. The Government should have a database for the suspects and also have trackers placed on them. They are a threat to children," Mr Macharia said.

Atwoli Lukoye, a Moi University lecturer and a psychiatrist, said the manner in which a person is brought up, the environment they live in on a daily basis, their mental health and the relationship between adult and the child, could be among reasons why adults prey on children.

He however, disputed that defilement cases are on the rise, suggesting that the "increase" could be as a result of more people  coming out to report or the media reporting more on the vice than before. "The actual number of defilement cases in the community is not known," he said.