NAIROBI, Kenya, Jan 26 – The Gender-Based Violence (GBV) Technical Working Group has proposed sweeping legal reforms to criminalise out-of-court settlements in GBV cases, including femicide and sexual offences, in a move aimed at ending impunity and strengthening survivors’ access to justice.
In its report presented to President William Ruto, the taskforce urged the government to amend national laws to explicitly prohibit informal, customary, or negotiated resolutions of criminal GBV cases, arguing that such practices have allowed perpetrators to escape accountability while silencing victims.
According to the taskforce, many cases of domestic violence, sexual assault, and femicide are routinely settled outside the formal justice system through family negotiations, community elders, or financial compensation — practices that undermine the rule of law and violate survivors’ constitutional rights.
“Criminal gender-based violence offences must never be negotiated or settled outside the justice system. These practices perpetuate impunity and deny survivors their right to justice,” the report states.
The technical team noted that out-of-court settlements are often justified under the guise of cultural harmony or family unity but in reality prioritise social pressure over survivor safety and dignity. Victims, particularly women and girls, are frequently coerced into accepting settlements due to stigma, economic dependence, or fear of retaliation.
The taskforce warned that such arrangements not only embolden perpetrators but also contribute to repeat violence, including cases that later escalate into fatal attacks.
To address the problem, the taskforce recommended amendments to the Penal Code and other relevant statutes to clearly define GBV-related offences as non-compoundable crimes, meaning they cannot be withdrawn, negotiated, or resolved outside court.
The reforms would also criminalise individuals who facilitate illegal settlements, including family members, community leaders, or intermediaries who pressure survivors to abandon legal action.
The taskforce emphasized that the proposed changes are grounded in the Constitution, which guarantees the right to life, dignity, equality, and access to justice. It argued that allowing GBV cases to be handled informally violates these principles and contradicts Kenya’s obligations under international human rights conventions.
The report further calls for stronger victim protection mechanisms, including legal aid, witness protection, and survivor-centred prosecution processes to ensure victims are not retraumatised by the justice system.
While acknowledging that customary dispute resolution plays an important role in resolving civil disputes, the taskforce stressed that criminal violence has no place in informal justice systems.
“Culture must never be used to excuse violence or shield criminals. Justice for GBV survivors must be firm, visible, and unavoidable,” the report notes.
President Ruto said the recommendations would be subjected to due process through the Cabinet, Parliament, and relevant government institutions. Where legislative amendments are required, they will be processed through established constitutional procedures.
If adopted, the reforms would mark a significant shift in how Kenya handles GBV cases, reinforcing zero tolerance for abuse and ensuring that perpetrators face the full force of the law.
