Garissa Chief Magistrate Thomas Mwangi has raised concerns over the lack of Female Genital Mutilation (FGM) cases reaching the courts, despite the practice remaining rampant in the region.
Speaking during a public engagement forum with key stakeholders and residents, Mwangi noted that the biggest challenge in prosecuting FGM cases is the absence of complainants.
“FGM remains a significant problem in this region. However, very few cases make it to court because victims rarely come forward to file complaints,” he said.
Garissa is among 22 counties with the highest prevalence of FGM. Statistics indicate that 9.5 million girls under the age of 18 undergo the practice annually, with the Somali community leading at 98 per cent, followed by the Samburu at 94 per cent.
The Chief Magistrate lamented that cultural barriers prevent victims from speaking out.
“Many victims feel helpless due to deeply ingrained cultural norms. At the moment, they do not have sufficient platforms to express themselves,” he added.
Mwangi urged residents to embrace Alternative Dispute Resolution (ADR) mechanisms for non-criminal cases to help reduce the backlog in courts.
Some of these mechanisms include reconciliation, mediation, arbitration, and religious dispute resolution methods such as Maslah for the Islamic community.
He explained that ADR often provides a win-win outcome since parties involved mutually agree on resolutions, unlike court-imposed decisions.
“The constitution allows for dispute resolution outside the formal court system. Through ADR, elders, arbitrators, or mediators can help settle disputes efficiently,” Mwangi said.
However, he emphasized that serious criminal cases such as FGM, sexual offences, and robbery with violence cannot be resolved through ADR.
“Criminal cases must be prosecuted in court. But for other disputes, ADR can be a viable option as long as all parties agree to it. Courts cannot force individuals to file cases if they prefer alternative mechanisms,” he clarified.
He also revealed that not all cases require witness testimonies, as parties can reach legally binding agreements through court-annexed mediation.
Meanwhile, North Eastern Regional Coordinator for the Office of the Director of Public Prosecutions (ODPP), Bony Okemo, underscored the crucial role of witnesses in the criminal justice system.
He noted that the absence of witnesses has often led to case delays and even case dismissals.
“One of our biggest challenges is securing witnesses in time. Their absence forces us to adjourn cases, contributing to the growing backlog,” Okemo stated.
He further noted that many cases involving family disputes are withdrawn after parties resolve matters through Maslah or ADR, leading to the disappearance of witnesses.
Among the most common cases reported at Garissa courts include murder, defilement, rape, assault, causing disturbance, and grievous harm.
