Kilifi, where men exploit legal age limit to abuse school girls
Young mothers from Magarani Constituency during the celebrations to mark International Day of Girl Child at Garashi Ward, Kilifi County, last year.
What you need to know:
- Many SGBV cases affecting overage school girls in Kilifi County remain unresolved due to age factor.
- Mrima wa Ndege Chief in Ganze Sub-county says they refer the cases to the police, but they remain unresolved.
- Police say they abide by the law, which states that a person above 18 years is an adult.
- Perpetrators taking advantage of the 18 years age limit openly say no legal action can be taken against them since the victim is an adult.
Many cases of sexual gender-based violence (SGBV) affecting overage girls in Kilifi schools remain unresolved due to age factor. Most of the cases are from Ganze and Magarini sub-counties.
Local administrators and players in child protection, attribute this to the high school dropout rates and early marriage.
Mrima wa Ndege Chief in Ganze Sub-county Samson Chai, says they always refer SBGV cases to the police, but they remain unresolved.
“Parents report about their abused daughters and we refer the matter to the police for legal procedure. In cases where the girl is 18 years and above, however, police officers do not initiate investigations and always ask the victim to settle the matter with the perpetrator, out of court,” Mr Chai claims.
The administrator says the move has subjected parents to untold pain and psychological torture.
“Police always tell us that they abide by the law, which states that a person above 18 years is an adult,” he says.
The age factor affects many girls in Ganze since most of the children here start school at an advanced age, past the school entry age due to poverty, he observes.
“We must protect our girls in school. Any man who sexually abuses a school girl should face the law regardless of the student’s age. Legal action is the only way to stop the menace. As of now, however, things are out of hand, and parents are bitter,” he says.
Mr Chai notes that he currently has seven cases from parents of Milore Primary School, who have reported to him, but remain unattended due to the students’ ages.
Dowry negotiation
“Having more than five pregnant girls from one school is a crisis in,” he notes.
Assistant Chief Kaembeni Sub-location in Sokoke Ward Nesta Yeri, says a higher percentage of overage girls in Ganze Constituency are likely to lose out on education.
“Ganze is a poor area and when the police ask parents to go back home and agree, the outcome is dowry negotiations and forced marriage follows,” she says.
Ms Yeri says the situation has created bad blood between parents and local administrators, with parents accusing them of colluding with the police to deny their daughters justice.
“Parents do not know that the role of the local administrator is to make a report and forward it to the police for action. The officers, however, turn the administrators away, and at the end of the day, the victim’s family sees you as an enemy,” she adds, noting that the parents now accuse government of failing to protect their children.
She observes that there is need for all players to protect school children without discrimination.
“We should speak with one voice and state that a child is a child as long as they are in school. This allows them to complete their education, and have a bright future; this would boost their community, and eliminate the likelihood of a community of school dropouts,” Ms Yeri says.
Overage girls
Ganze Sauti ya Wanawake chairperson Judith Uchi, says parents have now stopped reporting cases, and girls continue giving birth at home and dropping out of school.
The child protector says police failure to attend to cases of overage girls has created a loophole in the justice system.
“Perpetrators are taking advantage of the age. They openly say there is no legal action against them since the victim is an adult,” she adds.
Secretary Magarini Sauti ya Wanawake Bibiana Salim, says the group stopped pushing for legal action on such cases.
Ms Salim notes that they push for justice for the victim, but the police do not take any legal action.
According to her, handling SGBV cases is expensive as most procedures are at the Malindi Sub-county Hospital, a distance away, and they also have to fill the P3 form.
Youth from Kauma Sub-county, Kilifi County during a past GBV sensitization program. Cases of SGBV among girls above the age of 18 but still in school, are on the rise in the county.
"It is demoralizing because we spend time and resources to protect the school girls, but the obstacle ahead is huge," she says.
It costs more than Sh3,000 to handle a single SGBV case from the interior parts of the Magarini Sub-county to Malindi County Hospital.
Kaneno Kenga from Mrima wa Ndege narrates her ordeal after police officers at the Matanomane Police Station in Vitengeni Division, asked her to go and look for the man who impregnated her 19-year-old daughter. The girl was a Class Eight pupil at Milore Primary School.
She dropped out of school and gave birth in last May.
“A man impregnated my daughter, and I filed a report at Matanomane Police Station, but they asked me to go back home with her since she was overage,” she says.
Ms Kenga adds that efforts to have the perpetrator, a boda boda operator, to support her child have been in vain.
“I wanted my daughter to go back to school, but my biggest challenge is money to buy milk for the infant while the mother is in school. The man who impregnated her has declined to support her,” she says.
“I am bitter since I struggle to raise money for school fees, and buy food for my family,” she adds.
Five girls
Head teacher at Milore Primary School Fredrick Ngumbao, says about five girls are pregnant, including a Grade Five girl aged 17. A few others have given birth, and are at home.
“Many girls who get pregnant are overage. Currently, two candidates sitting for KCPE this year, are expectant. Others gave birth and will be coming back to seat the examination,” he says.
County Director for Children Service in Kilifi George Migosi, says police are acting within the law, and the Children’s Act, 2022, defines a child.
Mr Migosi says the issue of overage girls being abused is a challenge in Kilifi County.
“Police act within the law. When looking at sexual gender-based violence cases, we only deal with the age, not whether she is in school or not. Unless the person who has impregnated the girl is underage, then she is supposed to be taken to court for defiling a boy,” he says.
Poverty
Mr Migosi, however, notes that MPs are in a position to amend the Education Act to protect girls in schools.
“A case is where a girl aged 18 or 19 reports about being raped. Even if it was an attempted rape, police can’t do anything because she can consent to sex at that age,” he says.
Kilifi County Police boss Nelson Taliti, says cases of overage pregnant girls is a headache to them because of the age factor.
“It is difficult to arrest and prosecute the perpetrator when the girl is 18 years and above because according to the law, the victim is an adult and can consent to sex,” he says.
Mr Taliti cites the long distance to school and poverty as contributing factors to the many cases of SGBV among overage girls.
“We appeal, if it is possible, that there be a law that identifies and protects school girls despite their age. That will give power to the police to arrest and charge the perpetrators,” Mr Taliti concludes.
