Traditional justice systems and sexual violence: A case study of Nubians in Kibera, Kenya

Abstract

Sexual violence remains a public health concern and human rights violation. Various interventions and reforms have come up targeting the health sector and criminal justice system, in response to the needs of survivors of sexual violence. The role of the community has however been left out, despite the community being the scene of crime where the survivor and perpetrator comes from. In addition, traditional justice systems within communities have particularly been left out in the mainstream formal justice system, and as such denying access to justice by survivors of sexual violence. This is even more challenging in communities that are closed, clustered and marginalized, such as that of the Nubians, surrounded by strong cultural ties, patriarchy and strong religious beliefs. This study sought to explore the role of traditional justice systems in responding to sexual violence among the Nubian community in Kenya. The study's specific objectives were to determine the common types and forms of sexual violence among the Nubians of Kibera and to determine traditional justice system used by the Nubians to resolve cases of sexual violence in Kibera. The study was exploratory in nature with data being collected using key informants, indepth interviews and focused group discussions. The study was conducted in Kibera slum, as it is highly inhabited by Nubians compared to other parts of Kenya. Two villages predominantly settled by the Nubians were purposefully sampled for the study and 25 informants interviewed. The study found that vulnerability to sexual violence among the Nubians in Kibera was high due to their low socio-economic standards as well as nature of their culture. Knowledge gaps were also high among Nubians and there were inadequate services for survivors in the slum. Gender inequality was also evident and women and girls particularly suffered. Following these findings, the study recommends awareness raising on sexual violence among Nubians and government support in uplifting the living standards of Nubians and upgrading of Kibera slum.