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.
Citation
Degree of Master of Arts in Gender and Development StudiesPublisher
University of Nairobi Institute for Development Studies
Description
A Project Paper Submitted to the Institute of Anthropology, Gender and
Mriean Studies in Partial Fulfilment of the Requirements for the Degree
of Master of Arts in Gender and Development Studies of the University
of Nairobi