Rape, murder cannot be resolved through maslah, says commissioner

Garissa county commissioner Mohamed Mwabudzo has cautioned elders and residents against resolving defilement, rape and murder cases through the Maslah Courts.

Maslah is a form of alternative justice resolution system commonly used by pastoralists to resolve conflicts.

The system has, however, faced sharp criticism from government officials and human rights activists for handling cases beyond their jurisdiction and denying victims fair hearing.

Some of the cases that have caused uproar include rape, defilement and murder.

So serious is the issue that families of victims are withdrawing cases in court.

“I want to reiterate that these are serious crimes that should not be subjected to Maslah. Chiefs, assistant chiefs and the nyumba kumi elders are under strict instructions not to handle such cases,” Mwabudzo said.

He spoke on Wednesday during a public baraza in Burburis in Garissa Township.

“I also want to plead with our elders and clerics who understand the law to be at the forefront of discouraging such cases,” Mwabudzo said.

The commissioner said his office is working closely with the national police service and the judiciary to ensure all cases are concluded in court.

Muktar Dahir, a Garissa activist, welcomed the directive, saying it is regrettable that sexual offenses cases are being subjected to Maslah.

“So let us all walk the talk and enforce the law as it should be and anyone who tries to bend it should be punished," he said.

"There is a disconnect between community members and the criminal justice actors. This has in a big way contributed to people moving cases to the alternative dispute resolution system.” 

“We have the Garissa child protection and gender technical working group which is co-chaired by the county commissioner and the county gender executive Hawa Abdi," he said.

"All these cases are brought here. I am optimistic that moving forward we will see action taken.” 

Muktar said cases of sodomy in Garissa township have become rampant, calling on authorities to investigate and bring perpetrators to book.