Court rejects ‘maslaha’, negotiated marriage bid to settle rape case
The Kenyan Court of Appeal has upheld a 30-year prison sentence for a man convicted of rape, rejecting an attempt to settle the case through a traditional 'maslaha' negotiated marriage. The court emphasized the reliability of the victim's testimony despite the lack of medical evidence.
Why it matters
This ruling reinforces the primacy of the formal judicial system over traditional dispute resolution mechanisms in cases of sexual violence.
An attempt to resolve a rape case through a negotiated marriage and ‘maslaha’ has ultimately failed, with the Court of Appeal in Nairobi upholding a 30-year prison term for the offender.
The three-judge bench found that the complainant’s account was enough to sustain the conviction, despite the prosecution failing to call the doctor who examined her or produce medical evidence. The case involved a man identified as Tariq Abduwahab and his uncle’s domestic worker, Ms NT.
“The evidence of the complainant was reliable, consistent and compelling. She is to be applauded for her courage and resilience to uphold her dignity and have her brutal rapist brought to book and held to account despite the community and systematic frustrations placed in her path to justice,” said the court.
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