Legal response to intra-familial child sexual abuse in Kenya: a case for informal justice
This study is an attempt to reckon with the reality that, in the wake of the many challenges and deficiencies inherent in the Formal Justice System (FJS), the community in Kenya appears to have retained an affinity for Informal Justice System (IJS) in matters of Intra-familial Child Sexual Abuse (IFCSA), albeit beneath the legal radar. This affinity can no longer be wished away or handled by criminalising it.
The study is based on the assumption that there must be some value in the IJS that can contribute in the formulation of a more victim centred response.
The purpose of this study is not to replace FJS with IJS but to come up with a victim-centred legal response through the incorporation of IJS into the FJS at appropriate stages and with due regard for the human rights principle of the best interest of the child.
The study seeks to answer the following research questions:
- What are the specificities of IFCSA in terms of its impact on the victim?
- What is the legal framework within which the FJS and the IJS have responded to IFCSA cases?
- How does the response relate to relevant human rights standards and principles and the theory of restorative justice?
- What are the gaps and deficiencies in the FJS and IJS in their legal response to IFCSA?
- What are the entry points for incorporation of IJS into the FJS in dealing with IFCSA cases?
About the author
Mercy Deche is a Law Lecturer at the University of Nairobi, School of Law, Mombasa Campus, Kenya.
MATTERS OF CONCERN is a working paper series focusing on new and emerging research on human rights across academic disciplines. It is a means for DIHR staff, visiting fellows and external researchers to make available the preliminary results of their research, work in progress and unique research contributions. Research papers are published under the responsibility of the author alone and do not represent the official view of the Danish Institute of Human Rights.
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