Survivor and rights defenders welcome Maslaha ban as Kenya moves to prosecute all GBV cases in court

One night in May last year, after Zeitun Abdalla had retired to bed, something unexpected happened that left her speechless and in shock. Zeitun, who hails from Wajir, was violently defiled by her cousin, who then warned her against telling anyone what had happened. She was 15. A month later, Zeitun’s worst fears were confirmed when she missed her monthly period and realised that she was pregnant.

“My cousin, with whom we stayed, came to my room and defiled me repeatedly before leaving me for dead. I tried to resist, but he was too strong for me. My pleas fell on deaf ears. After he was done, he warned me against telling anyone what had happened. He said if I dared mention him anywhere in relation to what had happened, I would be dead meat,” she tells the Nation.

What made her even more fearful was that her cousin would remind her every day of the dire consequences if she dared expose him. Fearing for her safety, Zeitun decided to run away. “I ran away from home not knowing where to go. I was, however, lucky to find refuge in a safe shelter far from home, where I was welcomed with open arms.”

Read: Maslaha, a practice condemning GBV survivors to suffering

What still angers Zeitun is that she has never got justice; the perpetrator is still roaming free. Through the Maslaha system, a total of Sh60,000 was raised to settle her case before it could reach the authorities. Of this money, elders took Sh40,000, her uncle pocketed Sh3,000, while her mother received Sh17,000.

Maslaha has for decades been blamed for the high prevalence of sexual and gender-based violence (SGBV) in the North-Eastern region. Elders have long used it as an alternative method of dispute resolution. Under this system, elders, perpetrators and their families engage victims’ families and negotiate an out-of-court settlement.

Money and herds of cattle, goats and camels change hands as a form of compensation for the wrongdoing. Maslaha has been blamed for denying many victims justice. It is for these reasons that some human rights defenders in the region began a campaign to abolish the oppressive system. Their campaign has finally borne fruit, with the Sexual Offences (Amendment) Bill, 2026, banning Maslaha and kangaroo courts used to settle such cases.

The Bill, spearheaded by the National Council on the Administration of Justice (NCAJ), bans informal out-of-court settlements and strengthens survivor-centred protections. It declares any traditional dispute resolution mechanism, informal agreement or private settlement completely void and illegal, recommending mandatory prosecution through formal courts.