BY OBAR MARK

The Vigilant Magazine

Scholars Research
THE CLAWS OF A RAPIST
Understanding the trauma of rape cases in Kenya
STUDENT RESEARCH DOCUMENTATION - PART I; FROM 12, OCTOBER 2010 TO 4, APRIL 2012
The pain of being
raped and its effects
to the victims and the
suspect
The Jurisprudential
analysis of rape cases
in Kenya and the
untold efforts of the
Kenya Sexual
Offenses Act

NOT FOR SALE
IN KENYA
Researchers Letter

OBAR MARK
He did the research on The
Rape Cases in Kenya [THE
CLAW OF A
RAPIST] from 12th Nover-
mber 2010 to 4th April 2012.
He is also the Designer and
Page Layout Editor of this
Research Magazine.
Rape is a common phenomenon which is a pure
description of an ugly degeneracy in our society,
and it appears as if it is here to stay as long as
human sanctity still exists. Nearly everyone
feels awkward to hear cases of rape, some of
which have fatally punctured our society. At the
same time, many people cant still understand
why someone can rape or sexually assault the
other. So, there are very many unanswered
questions bordering rape cases under
conditional and unconditional relationships
and I have answered them in my over one year
and four months research on rape cases in
Kenya, The Claws of a Rapist that will also
be available in Television Media Productions.
There are trending criminal actions and intentions that
relate to rape cases in the whole country, more so in the
Western region of Kenya. Most of these rape cases are
instigated and done by the people who know each other. In
fact, my background research has revealed that most of the
rapists are those people who have some relationships with
the people who have been raped.
The trend of relationship rape crime and insecurity have
been orchestrated by, among others, unnecessary trust
on the persons who female leave closer to, the need for
relationship revenge against the persons who are raped,
proliferation of funny medical ideas which can be used
to take away ones rightful consent, organized crimes,
high unemployment rate, drug and substance abuses, high
illiteracy levels and sophistication of technology.
Many people, especially the vulnerable children and
women who are in relationships have been going through
the trauma caused by rapists, many of which have fatally
ended their lives. Kenyan children and women have been
living in great fear for their lives since rapists whom they
actually know and are in relationships with are actually
hiding everywhere to ambush them any time.
There are a lot of rape cases that are very silent, and that
is why they have to be investigated so that we can fnd
a solution in terms of policy changes. Many people are
raped within marriages or relationships and very few
of these cases are known. Notwithstanding, there are
also men who are raped by either women or their fellow
men. Most of the men who are raped usually meet their
predicaments in cults worships, attacks from their bosses
and from women whose work is prostitution.
Obar Mark
Contacts: Multimedia University College, Faculty of Media and Communication, P.O.BOX
30305-00100, Nairobi Kenya. Mobile Phone No. +254 728 762 356 or +254 735 457 023. Blog:
www.obarmark.dinstudio.com Research Bibliography: http://www.kenyapolice.go.ke/ Photos by:
Agencies and The Researcher
Content
The Legal Concept
of Rape
Understanding Rape
in Kenya
Rape as a Social Scourge
PEV Rape Victims Tell
Their Painful Experiences
WHEN DOES RAPE ACTUALLY
TAKE PLACE
Criminology in Rape
OBAR MARK
HAS ALSO
RESEARCHED
AND PRODUCE
OTHER TELEVISION
DOCUMENTARIES
1. THE SHADOW OF
ADDICTION
; This is a TV Documenatry
which was produced by Obar
Mark. The main research was
aimed at fnding solution on
the drug and alcohol abuse
perils in Kenya. This documen-
tary was nominated as 2011
Kalasha Awards Best Student
Documentary.
2. FOOTSTEPS OF THE KE-
NYAN GANGS
; This is a great TV Investiga-
tive Documentary which sort
to interview currently operat-
ing gangs in Kenya. A meeting
with the Kenya gangs.
3. IDENTITY OF THE
ISLAND
; This was aimed at investigat-
ing the atrocities which Ke-
nyan fshermen do go through
due to piracy connections and
many other factors.
THERE ARE ALSO MANY
OF SUCH PRODUCTIONS
THE CONTENT
Understanding
Rape in Kenya
1
The Kenyas Sexual Offences Act
defnes rape as the act of unlawfully
and intentionally committing an act
which causes penetration with his
or her genital organ and once can
be convicted for imprisonment for
a term which shall not be less than
fve years but may be enhanced to
imprisonment for life. I talked to a
lawyer of The High Court in Kenya
and Law Lecturer at Multimedia
University, Mr. Gerald Majany who
defned rape as a type of sexual
assault usually involving sexual
intercourse which is initiated by
one or more people against another
person without the other persons
consent. It is important to know
that the law distinguishes rape from
deflement as, Deflement is when a
person intentionally commits rape or
an indecent act with another, within
the view of a family member, a child
or a person with mental disabilities.
If found guilty of the offence he/
she is liable upon conviction to
imprisonment for a term which
shall not be less than ten years as
prescribed by the Kenyan laws though
there are adequate processes that must
be followed when doing this. The
statistical analysis as discovered that
every dawn, fve children wake up
defled, three people end up dead and
two women are raped, according to
police statistics which have been on
an increasing trend each year. Take for
example in the year 2010, the police
noted an increase in rape cases, most
of which are relationships rapes.
It is little know to many people that
rape is one of the worst ordeals
that could ever happen to a
woman or a girl child, especially
when it is done by some one who
they are in one way or the other
related to. More unfortunately
still, it is estimated that only
1 out of 20 women in Kenya
will report a rape and only 1 in
6 will seek medical assistance.
The background research that
I conducted revealed that these
fgures could be much higher than
those recorded by police since
many victims shy away from
reporting this form of violation.
One is left to wonder is it the
level of awareness that now cases
are being reported or is it that the
rapists have come in full thrust. If
anyone cares just stop and think
it could be your sister, mother,
daughter or anyone close to you.
There is a need to consolidate
efforts in fghting these heinous
acts and it can be done, it is
within our power and means to
make it happen.
It should be better understood
that sexual violence is one of the
greatest impediments to attaining
meaningful social development
in our society especially among
women. It has been described
by the United Nations Platform
of Action as an obstacle to the
achievement of the objective of
equality, development and peace
in the society, and it is no doubt
that relationship rapes have been
biting the country in silence. The
relationship rapes have taken
on young people who are being
sexually abused in homes and
schools where they live with the
people whom they know and
familiar with. I think that it is an
important thing to here the other
side of the story from the alleged
rapists since this will bring the
reality of sexual violence in a
This is graphics design of a representation of a rapist. A rapist is one whom you
may know or not know but you will not easily know his or her intentions.
>>>>>to page 3
The Legal Concept of Rape
Criminology
2
Physical and Genetic Infuences of Rape Crime
It is important to consider
whether there may be biological
explanations for criminality in
which rape can be part of it.
There are a number of theories
that view crime as an illness
affecting individuals and caused
by biological disorders. However,
modern criminologists tend to
question the validity of biological
and genetic explanations of
crime. They see such theories as
accepting that such individuals
are untreatable, with potentially
drastic consequences in terms of
what to do with these individuals.
Criminal studies contend
that genes are infuential as
they affect brain function and
consequently, behaviour and
criminality, including committing
rape. During my research, I
found out that there are particular
families which might have a
number of people who have
frequently been accused of
raping. A keen study in such
families has revealed that there
are potential capabilities of the
members of such families raping
people, possibly due to their
physical or genetical variations.
In situations where individuals
come from similar environmental
and social backgrounds, the fact
that individuals have a unique
genetic make-up may explain
differences in behaviour. I
have also discovered that most
of the suspects of rape have
got particular common physical
features and some unique behaviour
when having sexual intercourse,
like salivating a lot during sexual
activities. Some of the suspects have
got their heir constantly coming off
their bodies during such activities.
I might be able to consider slight
differences in the confguration of
normal genes that might give rise
to a temperament which is more
receptive to antisocial types of
behaviour because am not a medical
practitioner but after comparing a
number of statements collected from
a number of victims, my database
representation proves this right.
I also believe that biological and
genetic differences can be altered.
Such behaviour is not therefore
impossible to change but concerns
Police officers shoot to kill suspected gangs along Nairobi-Langata Road. Criminalo-
gists are able to detect crime suspects using physical factors like their body structures
and looks.
arise over what type of treatment
an individual should undergo and
the ethical and moral implications
involved. If we can produce
genetically modifed crops, should
we have genetically modifed
humans?
Modern biologists also accept
that environmental and social
infuences are also important and
should be studied in conjunction
with genetics infuences too.
A balanced approach would
be to accept that a study of the
interaction between biological and
environmental factors may provide
a more complete explanation of the
causes of crime.
Genetic abnormalities
>>>>>to page 20
Society and Rape
3
glaring spectrum which should be
used to bring down the problem that
is escalating at a very high speed.
When in the verge of research on the
relationship rape cases in Bungoma
County which was actually similar to
what happens in the whole country,
it was very evident that there is
inadequate and less effective system
to investigate allegations of sexual
violence and rape in Kenya, that
is refected in the procedure that a
woman victim must go through in
order to bring her case to court after
being sexually assaulted. The women
who become victims of relationship
rape cases face obstructions in the
criminal justice system in Kenya and
in the lack of facilities for gathering
essential medical evidence, and most
cases are never heard in court due to
non-effective involvements in their
rape cases.
The Kenyas legal system is
requiring that for an investigation
to be initiated on any rape cases, a
woman or a man victim (never rule
Rape as a Social Scourge
out the possibility of men being
raped) has to report the crime
to the police so that it can be
followed up. Remember the
statement regarding the alleged
abuse should be recorded in
the Occurrence Book held
in each police station where
anything can happen, more so
after arrests have been done.
It is a worrying thing because
the majority of police offcers
are not trained in gender issues
or how to handle cases of
domestic violence, especially
marital rape which are very
traumatizing.
There are also some police
offcers who view relationship
rapes as normal things which
happen in relationships and
people should not make them
serious things as such. Of
course this idea is also very
evident among very many
Post Election Violence presented the society in a very weak structured where many
people raped and escaped without being held accountable
people whom I interviewed during my
preliminary researches. There are very
many police offcers regard violence
within the home as a domestic
matter, and enforce and uphold
discriminatory attitudes against
women who tend to seek help from
them in the process of seeking justice.
It is alleged that in August 2001 the
Kiambu Divisional Police Chief, Mr
Njue Ngagi, reportedly freed a church
leader who was arrested on suspicion
of the crime of deflement of a six-
year-old girl, because it was perceived
that he was a married man with
children and, therefore, incapable of
committing such an offence against
any other child.
There are a lot of embarrassing
situations which do face the women
who seek police intervention in
relationship rapes, and some of the
painful experiences that they meet
Changing the worrying societal percep-
tion on women has got a lot of concerns.
>>>>>to page 4
<<<from page 1
Society and Rape
4
include ridicule, verbally abused and
made to feel as if they are wasting
police time. During my research,
women said that they were reluctant
to approach the police and had only
reported their case when the violence
had become so extreme that they
needed intervention to protect their
lives. In fact, most of the police
offcers are known for calling people
by the names of the cases which
they have reported or are alleged
on them. This makes people who
are undergoing trauma to feel too
much pain that they would opt for
abandoning the case.
Every details about relationship rapes
are never unearthed proper since
there are remarkable fears among
local womens activists and victims
that the offence of rape is subject to
less vigorous police investigation
than other crimes and, therefore, that
victims are less inclined to report
such crimes to the police. This may
mean that the agitators are worse
challenged that the alleged rapists.
There very many people who have
been sent away by the police for
not having the necessary documents
for anchor the reports, by the way,
before reporting the offence to the
police, a woman victim must obtain
a Medical Examination Report that
is popularly known as a P3 form
from the police station before she
can be examined by a doctor. The
P3 form is a document that is used
by victims to detail acts of torture
and ill-treatment committed against
them. The form is divided into two
sections, to be flled in by the police
and a doctor. The police complete
the frst section of the form, which
requires them to ask a doctor to
examine the victim for evidence of
a crime, and then escort the victim
to the doctor to be examined. The
second section of the form is used
by the doctor to record any injuries.
When you carefully examine this
operation, it may require a number
of trips to the doctor if the victim
cannot be examined straight away,
and this means that a lot of time
must be wasted thereby making
the evidence to be dilute and can
never stand the test of malice from
interested parties. This is how many
relationship rape cases have been
through out of courts for lack of
adequate evidence to support the
case.
At the same time, there are
insurmountable diffculties just
to procure the P3 form from the
police station since many offcer are
every busy and with the high rate
of corruption prevalence among
Kenyan police offcer things can
be worse. The P3 form should be
given for free; however, I confrmed
that Western Kenya Human
Rights Watch, a Kenyan human
rights organization, told Amnesty
International that to get a P3 form
you have to bribe the police with
about KSH. 100. The information I
got from Western Kenya is that the
organization usually accompanies
the person they are assisting to
the police station to ensure they
received the form and do not have
to pay for it. Also, the P3 forms
are only to be obtained in police
stations as they are used by the
police as part of their criminal
investigation. There are however
remarkable changes in the Police
Force since people can now get
the form online without a lot of
struggles with the offcers at the
station.
There are also cases when
victims have actively been
discouraged due to psychological
torture and ill-treatment from
requesting a form and few have
come forward to have their
injuries recorded for the purposes
of a prosecution. There are also
some cases in which abuses have
been committed by the police
themselves and the women have
feared trying to obtain a form,
especially if the abuse took place
at the station where they had to
apply for the form. It is within
records when victims of police
torture have been threatened by
police offcers when they tried
to make a statement about them.
Honestly, for victims such a
process can be harrowing and
traumatic.
One rape victim described her
ordeal of reporting the rape to
the police and having a medical
examination by a doctor: After
I had been taken to a private
doctor, he told me not to wash
as I would have to report to the
police doctor. Since it was 2 AM
in the morning, this meant that
my report would have to be fled
>>>>>to page 5
<<<from page 3
Legal Focus
5
The Law can never perfectly treat the spoils
of your life after being raped. The most im-
portant thing is to avoid rape at all cost
on the next day. I could not believe
that I would have to sleep with the
smell of those men on me... When I
went to report to the police doctor,
I found a long line with all sorts
of people. The nurse assisting him
gave me two glass slides and told
me to stick my fngers up myself
and wipe the semen onto the glass
slide. I could not believe what she
was saying to me, they were asking
me to re-enact the rape.
The women in Kenya make up
the highest percentage of the
poor as very many cannot pay to
bring a case to court. The cost of
hiring an advocate is prohibitively
high for them that they fnd it
hard to manage their own affairs.
Therefore, most of the women
victims are normally assisted by
the FIDA Kenya though this may
mean that their rape cases are
going to be in the public domain
and this is another level of trauma.
It is something that is very evident
that when women seeks help from
any local organization or report
the incident to the police, one
Kenyan womens organization
told Amnesty International, they
will receive threats from their
husbands family in order to drop
the case. In fact, there are very
many cases which have been
dropped due to family threats. Of
course, such a woman might never
be considered married in that
family any longer. Many women
would rather protect their families
at all cost and will suffer long
term abuse and will only come to
seek justice when they fear for the childrens
lives.
Kenya has got very few avenues which
offer redress for women victims in the
event of relationship rape cases and this
problem starts with the government that
is ill-equipped to provide services to these
women when they are most urgently needed.
For women who have been victims of
sexual violence, there is no governmental
housing to ensure their safety as they
undergo through such a serious trauma.
They are normally left to go back to the
same homes where they had been raped and
the trend may continue with all manner of
humiliations. There are few opportunities
open to women who do not want to return to
an abusive household or places that provide
protection to women and children who have
suffered domestic violence.
There are small number of womens
organizations have established centres
which provide counseling
or therapy, but they have
resources only to offer
temporary protection.
A few shelters are now
being established. For
example, the Nairobis
Women Hospital offers
psychological services
for victims of rape and
domestic violence, and the
shelter established by the
Womens Rights Awareness
Programme (WRAP)
now accommodates
approximately 60 women
and children. This shelter
provides counseling,
medical and psychiatric
services, legal aid and
assistance, though women
can only stay there on a
short-term basis.
********
<<<from page 5
What
makes one
to rape the
other, es-
pecially in
the case of
relationship
rapes?
This question has
adequately been
answered.
Rape Victims
Tell Thier Stories
6
me to hospital. The men started quarreling with him
and told him that he was in partnership with us. They
threatened to kill him.
Rape Victim 2;
I went to my house. The GSU followed me and said
they were looking for young men who were involved
in the violence. They we three GSU men who got into
my house. I had not locked my house and when they
came in I did not bother to lock because they were
security men who were supposed to care for us. One
of the GSU offcer stood at the door, the other two
got in. They told me they were going door to door
looking for the young men who were involved in the
violence. I told them that they would check since I was
not hiding anyone. I told them that I was alone. By the
time I was alone. They told me that we, women, were
the ones encouraging the young man because we were
preparing food for the Mungiki. They were using
Swahili language. I insisted I was alone and have
never seen Mungiki. They told me that if they could
not fnd Mungiki at least I was available. I asked
them what I have done. One GSU grabbed me and
said, we cant leave you alone. He then threw me on
the bed and hit me on the face. He tore my inner pants
and then raped me. Then the second one raped me
*****
PEV Rape Victims Tell Their Painful Experiences to CIPEV
The Pain of Rape in Kenya
Rape Victim 1;
..After my husband was cut, but before he died,
one of the men came towards me and asked me what
I wanted to be done to me. I asked them not to kill
me. One said we need to know what she is like, now
that she never talks to us. There was another group
of men who were looting my shop. I could see them
from the door it was still open. They were going
past carrying property from my shop, such as sugar,
cooking fat and other goods.
I was wearing trousers with buttons at the waist.
The men tore at my trousers trying to get them open
and the buttons came off. There were about four of
them there doing this to me at that time. They lifted
me up and put me on the ground. They were arguing
among themselves who was going to be frst. Then
one said that if I escaped from the knife and arrows,
I would die of AIDS. Some of them held my legs and
some held my hands while they raped me. When this
was happening my husband and I were still both in
the sitting room, but by now I was not watching mu
husband but pleading my own case. The last time
I had looked, it was like he was dead. He wasnt
moving.
One man raped me and then the second one and the
third. They put their penises in my vagina. It was
either the second or the third man who said they
were not able to get in me properly so they cut me.
I think it was the panga they were carrying that they
used. They cut my vagina. When I had my children,
the doctor told me I had a narrow opening. Both my
children were born by caesarean.
They continued raping me. It was when the fourth
man was raping me that I was unconscious. I next
remember and it is vague that a Kalenjin friend of
ours called Joseph was there and he was pleading
with the men. He was asking them for him to be
allowed to take the body of my husband and take
A victim of the 2007/8 Post Election Voilence pleads with GSU
officer to let him go. Many women were raped in the violence.
7
Reasons for Rape
Why Did He Rape
RAPE SUSPECT PLEADS GUILTY EVEN AFTER BEING WARNED
Mr Elly Waga Omondi in court on April 05, 2012 where he ad-
mitted that he killed university student Edinah Nyamancha Mog-
ambi at Mbotela Teleposta staff quarters in Nairobi on March 25
A man who is accused of raping and killing a frst year
university student on [Thursday of 6
th
April, 2012] pleaded
guilty to the charge. Even after he was cautioned twice on
the consequences of the offences, Mr Elly Waga Omondi,
27, insisted: I plead guilty to the charge. Vacation judge
Philomena Mwilu, before whom Mr Omondi appeared,
warned him that the offence against you is punishable by
death if you plead guilty. But the accused said: I am guilty
as charged.
The judge further asked him whether he understood what he
was saying and he replied: I understand what I am saying.
I know the consequences of pleading guilty to the charge
against me. I plead guilty. A State counsel applied for
adjournment of the case to April 12, saying: I have not yet
compiled the facts of the case. In her order, Justice Mwilu
said: I enter a plea of guilty to the charge of murder against
the accused. The judge added: I cautioned him that the
penalty pronounced for the offence of murder under the law is
a death sentence but he maintained the plea of guilty.
Mr Omondi, a food vendor, was charged with murdering Ms
Edinah Nyamancha Mogambi at House Number 11 Block F,
Mbotela Teleposta staff quarters, on March 25. The lawyer
hired to defend him did not attend court on Thursday but sent
another one to represent him. The hearing was set for April
12, when the State will present facts surrounding the death
of the student. A doctor who examined Mr Omondi said he
is mentally ft and can stand trial. The body of the marketing
and procurement student at Jomo Kenyatta University of
Agriculture and Technology was found hidden under her bed
on March 26.
It had some head injuries. Mr Omondi who sells beans,
githeri and chapati in schools, and at kiosks and construction
sites was initially produced before judge Nicholas Ombija
on March 29 at around noon under tight security.
[Story courtesy; Daily Nation Newspaper]
CAN SOMEONE
RAPE A MAN OR
A WOMAN WHEN
HE OR SHE IS NOT
AWARE OF WHAT
HE OR SHE IS
DOING?
This question has adequately been
aswered in this magazine.
8
Why Rape
As a Journalist, am always cautioned
by my professional ethics and
personal integrity to make some
statement that can save a situation
and not just express myself for the
sake of it. It may sound incredible
that there are very many people
Women receive training on how to defend rapists. There are very many
women who raped in the society because they are defenseless.
who do not believe that there can
be relationship rape. To them, such
can be referred to as forceful sex
practices and not necessarily rape.
When I started doing my research,
I started by trying to understand
various communities where cases of
rape dominated and to my surprise
such things like relationship rapes
are not there in their setups. In fact,
they may only refer to such as part
of marital or relationship issues.
They expect a woman to provide
sex whenever the man is ready for it
without questioning or even giving
suggestions. This simply means that
it is the man to dictate when sex is
practiced and when it should not
be practiced. So funny, isnt it?
I talked to a person who said
that, a lady cant visit me in
my house for a date then refuses
to have sex with me. So, what
really brought her.my money?
In that case, I would force her
into it or even beat her if she
refuses.
The research study had revealed
disturbing fgures showing that
at least 14% of married women
said their current husband or
partner had forced them to
have sex in the past year, while
another 37% had been subjected
to sexual violence at some point
in their relationship. There are
also very many Journalists who
still do not think that there is
anything like relationship rapes
in the world, and this is the
reason as to why many of such
cases are normally concealed
and people are not well educated
about them.
In countries like Tanzania, Synovate
research which was conducted
during the 2010 Tanzanian elections
found that media there gave minimal
coverage to rural women who were
complaining of being coerced by their
husbands, sometimes under threat
and violence in a number of ways
including to vote for particular parties
or candidates. The media did not
see this as a serious issue. Womens
voices were not sought on this or other
election issues, and this is the same
predicament that befalls many women
even in relationships. Consumers
of media should be wondering
why editors and journalists are not
interested in these stories of gender-
based violence. This is seriously
worrying because media is normally
quite good at putting a spotlight on
wrongdoers and shaming perpetrators,
be they politicians, criminals or
celebrities. It seems that Journalists
are breaking one of the cardinal rules
of journalism and allowing personal
feelings and behaviour to impact their
reporting.
Probably, you can agree that when
articles about domestic violence and
rape do appear in the news, they are
more often about the rape or abuse
of elderly women and children, and
most likely, you have hardly heard of
gender rape cases among the people
who are in a relationship like marriage
>>>>>to page 9
WHEN DOES RAPE ACTUALLY TAKE PLACE
9
Fermenting
Rape in Relationships
or courtship. Similarly, when a
woman is killed or battered by her
husband, the story is framed as a
love triangle gone wrong. Rarely do
reporters dig deeper to investigate
causes or patterns of violence,
linking them to poverty levels,
lack of human rights protections
(or knowledge of them), or legal
systems that take forever to hear
and pass verdict on cases of gender-
based violence.
It is not a common thing for
Journalists who do media reports
on the massive cost of gender-based
violence in terms of treatment of
injuries and sexually-transmitted
disease, not to mention missed work
hours. What about the invisible but
extensive cost to our society when
this cycle of violence is passed down
from absent abusive fathers to their
children. In the mindset of many in
the media, gender-based violence
that relate to relationship rapes is
not an issue worthy of paper and ink
or is too shaming that should not
be published nor be broadcast. The
issues that are seen as obstacles to
transparent broadcast of relationship
rapes are not the problem; it is the
Journalists who harbour negative
attitudes towards these stories. And
by not reporting on these stories,
the media becomes part of the
problem, almost as culpable as the
perpetrators of violence.

Understanding types of sexual
assaults
Acquaintance rape; Date rape
Many people are not aware of
relationship rapes because they
tend to assume that there can
never be anything like that. Date
rape, also called acquaintance
rape is committed by someone
who knows the victim. This
constitutes the vast majority
of rapes reported. It can occur
between two people who know
one another usually in social
situations, between people who
are dating as a couple and have
may had consensual sex in the
past or between two people who
are starting to date, between
people who are just friends, and
between acquaintances. They
include rapes of co-workers,
schoolmates, friends, and other
acquaintances. People should be
very much careful with even the
people who are close to them as
relatives or even close since those
are the people who can conduct
A graphical represen-
tation of Relationship
Rapes. There are very
many Journalists and
Media Personalities who
are still not aware of
Relationship Rapes. This
has led to regretable
reports on rape
such a dreadful activity.
Spousal rape;
This is basically marital rape where
a wife rape, husband rape, partner
rape or intimate partner sexual assault
(IPSA), is rape between a married or
de facto couple. This one of the most
common types of rape yet the least
known kind of rape, and the reasons
as to why they are least known have
been discussed in the previous topics.
Gang rape;
This is also known as mass rape,
occurs when a group of people
participate in the rape of a single
victim. Rape involving at least two or
more perpetrators is widely reported
to occur in many parts of the world.
Rape of children;
<<<from page 8
>>>>>to page 11
10
Rape Picture
A rape victim undergoing
treatments at the hospital.
Many people are not aware of
the precaution which should
be taken in the event of rape.
ANALYZING THE KENYA SEXUAL OFFENCES
ACT
Literature review of the Federation of Women Lawyers
in Kenya indicates that the implementation of the SOA
has experienced some challenges in Kenya. These
challenges include, but are not limited to:
Negative cultural attitudes towards women and
fear/stigma making reporting of cases a daunting
task (for both female and male victims).
Apathy and delays in following the legal processes.
Lack of knowledge (ignorance) among key
implementers/workers and stakeholders on the act.
Non-inclusion of the act in the curriculum and any
trainings of the stakeholders.
Lack of full implementation and understanding of
the Act by the courts and prosecutors.
Lack of understanding of the Act by the police.
IN MY VILLAGE;
Over 92% of married and unmarried women have
been defled (According to Kenya Sexual Acts
defnition of deflement). This is because marriage
is based on agreements and NOT legal formalities.
Many young girls have ended up being married to
older men and this is the order of the day in my
village. Am also sure that this is nearly the same
trend in your village, and the question is whether
Sexual Offences Act can adequately solve the
matter? In my Part II of this research, I will examine
the inadequacies of the Kenya Sexual Offences Act.
MALICIOUS PROSECUTION
There are very many people who have been
sentenced to jail terms after being charged with rape
when in reality they never raped. This normally
occurs when the mother of a child may scheme
an allegation of rape that will leave the judge or
magistrate with very few options and the most
obvious one is to send the man to jail. This is painful.
11
Effects of Rape
Rape of a child is a form of child sexual
abuse. When committed by a parent or
other close relatives such as grandparents,
aunts and uncles, it is a form of incest
and when committed by another child
(usually older or stronger), it is a form of
child-on-child sexual abuse. When a child
is raped by a family member, especially
a parent, it can result in serious and
long-term psychological trauma. When
a child is raped by an adult who is not a
family member but it a caregiver or in a
position of authority over the child, such
as school teachers, religious authorities,
or therapists, to name a few, on whom
the child is dependent, the effects can be
similar to incest rape.
War rape;
During war, rape is often used as means
of psychological warfare in order to
humiliate the enemy and undermine their
morale. Rapes in war are often systematic
and thorough, and military leaders may
actually encourage their soldiers to rape
civilians. Likewise, systematic rapes
are often employed as a form of ethnic
cleansing.
Common effects of rape;
Vaginal bleeding or infection
Decreased sexual desire
Genital irritation
Pain during intercourse
Chronic pelvic pain
Urinary tract infections
Pregnancy- Pregnancy may result from
rape.
<<<from page 9
Sexually Transmitted
Diseases-Violent or forced
sex can increase the risk of
transmitting HIV.
Being a victim of sexual
violence and being susceptible
to HIV share a number of risk
behaviors.
Forced sex in childhood or
adolescence, for instance,
increases the likelihood of
engaging in unprotected sex,
having multiple partners,
participating in sex work, and
substance abuse.
People who experience forced
sex in intimate relationships
often fnd it diffcult to
negotiate condom use either
because using a condom could
be interpreted as mistrust
of their partners or as an
admission of promiscuity, or else
because they fear experiencing
violence from their partners.
Sexual coercion among adolescents
and adults is also associated with
low self-esteem and depression
factors that are associated with
many of the risk behaviors for HIV
infection.

Psychological effects of rape;
The is normally a serious Trauma
Syndrome that do engulf the people
who have gone through the pain
of being raped, more so when the
victim is aware of the rape suspect-
A cluster of symptoms which
sexual assault victims describe,
defned as rape trauma syndrome.
Normally, the people who have
been raped have got what is
A young girl protests against rape cases and
demands an action against rapists
Can the
clothes
you put
on en-
hance
your
predica-
ment of
being a
rape vic-
tim?
>>>>>to page 12
12
Rape Records
psychologically referred to as
Self blame and shame- Two main
types of self blame based on
actions and on character.
Suicidal thoughts- As a matter of
fact, Childhood and adulthood
victims of rape are more likely
to attempt or commit suicide.
In fact, there are some cases
when the victims of raped have
taken away their lives because
of the pain that they have to go
through. There are some cases
when a husband or a boyfriend
of the person who has been raped
can decide to run away from the
relationship. This will bring a lot
of pains and self blames which
can eventually lead to serious
trauma to the point that one can
decide to take away her life.
Victim blaming This is to
hold the victim of a crime to be
responsible for that crime, either
in whole or in part. In the context
of rape, it refers to the attitude
that certain victim behaviors
(such as firting or wearing
sexually provocative clothing)
may have encouraged the assault.
In extreme cases, victims are said
to have asked for it simply by
not behaving demurely.
********
<<<from page 11
Kenyan Rape cases on Records
It is important for the reader to understand that am not the
one who came up with statistical analysis but these fgures
have been obtained from Non-governmental Organizations
and other security agencies, and all of them have been
clearly outlined and highlighted within this research.
It was pain, anguish and ugly degeneracy as nothing in the
history of Kenya prepared the local forensic community for
the mass fatalities that were witnessed in the Post Election
Violence of 2007.Much in the history of mass rape events
however prepared the worlds forensic community for
the task of identifying those who perpetrated mass rapes
following Kenyas post election violence between Dec
2007 and Feb 2008. This was also very evident according
to the police reports that were collected after the mayhem.
The International Criminal Court, ICCs prosecutorial
department also presented accusations against six Kenyan
suspects over the violence. Some of the charges against the
suspects involved rape, especially war or gang rapes.
The Kenya Police Force statistics on the incidence of
rape reported to the police indicate that 1,291 cases were
reported in 2006 and 876 in 2007 nationally. These trends
of heartless atrocities have been on increase among women
and children. Statements that I received from the police state
that, Following the tumultuous incidents in various parts
of the country, Kenya Police has embarked on thorough
investigations to identify all those who committed crimes
of murder, arson, looting, preparation to commit a felony
by carrying dangerous weapons etc. We therefore wish to
inform the public of the progress made so far in respect
of Rift Valley Province. 191 suspects have been taken to
court and 77 case fles are to be forwarded to the AG for
advice. There are ten cases pending arrest of known accused
persons. As the situation returns to normal, Kenya Police
is urging the public to keep peace and endeavor to promote
good order wherever they are. The public is urged to avoid
all situations that put to risk the normalcy achieved so far.
13
Rape Records
KENYA Police is once again
assuring the public that we
shall continue vigorously
executing our mandate to
maintain law and order.
When I keenly investigated the
statically analyzed cases of the
rape that took place during the
post poll violence, it should be
clear that most of these cases
have never been conclusively
dealt with regards to forensic
investigations and subsequent
prosecution Victims of rape
tended to be women of all
ages ranging from 9 month
old to 105 years of age. On the
30th April 2008, CSI Nairobi
estimates that in Nairobi and
its environs alone, over 1,400
women and children have
been raped. This is higher
than the 1,291 cases reported
country wide in 2006 and
almost double that reported
country wide in 2007. In the
year 2010 and 2011, rape cases
tremendously increase in the
western part of Kenya and
this trend has been worrying
woman and children who live
such regions. I spent around
four moths trying to understand
the reason as to why Western
Kenya had for a long time
become a habour for very
many rapists. To put my facts
right, I visited Bungoma Court
for four days in a week and the
number of deflement cases
were largely worrying and
bemusing to me.
A security personnel looks at a woman in the evening. There
are growing concerns that many women are raped by security
personnel in refugee camps, especailly in the evening hours
The alarming trend can be explained by the
high rate of recidivism in the crime of rape.
Once a rapists believes he can get away with
the crime he will continue raping until he is
caught (therefore becoming a Serial Rapist).
During the post election violence, CSI Nairobi
estimated that 1,700 men took part in raping
an estimated 600 women in Nairobi alone, the
majority in gang rapes involving not less than
3 men. We can therefore extrapolate that there
are approximately over 1,700 serial rapists
prowling the streets of Nairobi Kenya. Most
rapes (over 73%) in March 2008 and at least
47% of those in April 2008 can be attributed
to these serial rapists. CSI Nairobi using Bode
Technology of the United States is profling
about half of all these cases.
Rape cases among women were more likely to
be perpetrated by men unknown to them. Thus
among women who said they were raped during
the post election violence 40%were raped by
unknown men as opposed to 20% who were
raped by relatives or men
who were intimate with
the victims. Among those
rapes reported to the police
a higher proportion (60%)
were said to have been
committed by strangers. The
Police found that most rapes
were carried out by multiple
perpetrators. In most cases,
women were raped with the
threat of physical injury, and
often with the use of knives
or at gunpoint. Almost half
of all rapes occurred inside
the homes of victims. Data
available to CSI Nairobi
indicates that the rapes
around April 2008 were
being perpetrated by persons
known to the rape survivor
(53%). If this trend is
unchecked, Kenya will only
be second to South Africa in
incidences of rape.
Findings from the rape
analysis undertaken by CSI
Nairobi show that, most
of rapes occurred more
frequently than the average
on Saturdays (23.7% of all
reported cases), particularly
between 19h00and01h00.
In-house studies confrm the
fnding that approximately
a quarter of all who
experienced rape reported
the incident to the police.
Tips on how to avoid rape
>>>>>to page 14
<<<from page 12
14
Defending Rapists
and rapists
For those people who are living in
high risk areas, women should think
of inserting the latex condom like a
tampon. These are however desperate
measures for dealing with rape cases
among people in the community.
Jagged rows of teeth-like hooks line
its inside and attach on a mans penis
during penetration and when this
is done, only a doctor can remove
it. South Africa is known to have
among the highest rates of rape cases
in Africa and as Dr. Ehlers explains,
its been over 40 years trying to come
up with a solution since a 20 year old
woman was raped and brought to her
for attendance and she kept saying I
wish I had teeth down there.
While this will considerately reduce
the cases of rape, I cant help but
wonder how much more risk the
lives of the rape victims will be when
the ruthless rapist gets clinched, they
could do anything, including kill the
woman.
In Kenya, Nairobi Women Hospital
caters for rape victims and other
victims of abuse and hopefully they
should be able to get supplies of
these for distribution as part of their
prevention measures.
These will also be very useful when
you are going clubbing in areas you
do not trust or for people who drink
and loose control of their actions
and eventually end up getting date
rapped.

Avoid using the same route
every time,
Leave or come earlier than was
expected,
Think quickly and try to
outsmart the aggressor,
Behave assertively,
Try not to walk alone,
especially at night,
Walk in groups,
Dont let anyone look at you or
touch you in a way that makes
you feel uncomfortable,
Scream or pretend not to know
the aggressor,
Tell a trusted person.
If you have a telephone, keep the
telephone number of the police or
family friend within easy reach.
Always make sure that your parents
or guardians know where you are
going and when you are expected to
come home.

If someone attempts to sexually
assault or rape you;
Use your fngers and fngernails.
Stab them as hard as you can into
the attackers eyes. Use your knee
to give a hard kick to the attackers
lower abdomen and private parts. If
you kick hard enough, this will hurt
him a lot, causing him to double over
in pain. If the person is on top of
you, holding your face down on the
>>>>>to page 15
<<<from page 13
Campaigns against rape have categorically described it as an inhuman criminal act
which has got various dangerous faces
15
Taking Precaution
<<<from page 14
ground, use your heel to kick him in the bones of the lower back, just at the top of the buttocks. If you are being
overpowered, relax and try to fool the attacker into carelessness. Then stab the eyes or kick him in the groin.
Run away when the rapist pauses and is in pain. ******
What should you do if you have been raped
The frst thing to do is
to call a trusted friend or
family member for supports
then report it to the police.
Rape is a crime, and as
diffcult as it may be,
you will need to give the
details about the rape to the
police. You should then go
to the hospital where you
can be tested for HIV and
other sexually transmitted
infections, get treated and
receive counseling.
Kenyans Role over Rape
Cases
The attention of the
Kenya Police has been
drawn to reports carried
in a section of the press
castigating the police for
shoddy investigations and
insensitivity on handling
rape cases. A report that
was posted on a website
popularly known as Trinity
Afer accused the police
of raping even refugees.
The post indicated that,
Police were on Monday,
Monday, August 15 2011
at 22:00 accused of human
rights violations including
gang raping and extorting money
from refugees. The report also
accused the Kenyan government
of also providing military
assistance to militias supporting
Somalis transitional government
(TFG) without acting to ensure
accountability for abuses by their
troops or by the militias they
support. The Human Rights Watch
report, You dont know who to
blame: War Crimes in Somalia,
reports extensively on human
rights violations by the Kenya
Police on the Somali asylum
seekers and refugees face as they
try enter into the country.
Considering my endeavors to
dig deep into the underlying
facts about rape cases in
Kenya and with regards to
the investigative approaches and
weight thrown behind them, it is
important to clarify here that the
Kenya Police is committed to the
fght against rape and deflement.
There should be no doubt about
this in any bodys mind and it
is our obligation to protect the
citizens of this country from
perpetrators of this heinous
crime.
While in the verge of helping such a
situation, the Kenya Police has put in
place a gender and childrens desk at the
Police Headquarters to handle rape related
issues, deflement and other assaults on
the vulnerable group of our society that
is women and children. Through this
offce, child protection centers have been
established in various parts of the country
Women protest
agains the in-
creasing rape
cases in Darfur
>>>>>to page 17
16
Rape Trauma
Only the women or men
who are raped understand
the inhumanity of the crime.
17
Concerns
in Nyanza, Western, Rift Valley and
Nairobi. The Spider squad which was
established to deal with rape cases
is still operational and its successes
cannot be over emphasized. The
Police Department has inculcated
Gender and Children issues into its
training curriculum at the Police
Training College. This has been made
possible in collaboration with NGO
specializing in women and children
issues.
When addressing the country over
the serious allegations and on how
to eradicate rape among people,
the Police made it clear that, our
offcers have been trained on how to
handle victims of rape in a descent
and confdential manner. This is the
reason why we have witnessed an
increase in the reportage of such
case because the public now have
confdence that they will be assisted
once they report. Therefore allegations
about insensitive offcers at the police
station gleefully demanding a replay
of the events are false and far fetched.
Those making such allegations are
living in the yester-years and have no
touch with the reality on the ground.
It is important to note that the Gender
Desks are manned by female police
offcers who have been specially
trained in this area.

According to GBVRC Executive
Director Teresa Omondi said 143 gang
rape cases had been recorded between
April 2009 and March 2010, and most
of these rape cases were relationship
rapes. This compares to 56 cases that
had been recorded between
April 2008 and March
2009. She said the size of
the gang had also increased
with the largest reported
gang comprising 20 men,
up from 11.This form of
violation does not have
shame for age. Weve had
cases as old as an 80-year-
old woman gang raped by
10 men; our youngest case
being a one-month-old baby
girl who was defled by her
father and the oldest being a
105 year old woman raped
by a 24-year-old man, she
said. The attacks mostly
occur in public places like
the Nairobi city centre,
and recreational facilities
like Arboretum and Uhuru
Park. Ms Omondi said the
increase in the number of
attacks was hampering HIV/
AIDS prevention measures
and also questioning the
moral values of the Kenyan
society. When you have
a survivor saying she was
raped by 20 men, then
that alone tells you that
our efforts of fghting
HIV are just losing battles
because in most of these
cases no protection is used.
If the victim was living
with AIDS what does that
translate to? she quipped.
The GBVRC Executive
Director revealed that
attacks in Nairobi streets
occurred mostly in the
upper parts of the Central Business
District. These attacks do not just
happen in streets that you would imagine
such as Luthuli or some other hidden
street. We even have cases in places
like Loita Street probably due to the
number of entertainment spots in the
area. Attacks in recreational parks such
as Uhuru Park and the Arboretum are
also worrying representing 21 percent
of the number of attacks received by the
center, she said.
Nairobi Womens Hospital Group Chief
Executive Offcer Sam Thenya said the
hospital would by the end of the year
open two more branches in Ongata
Rongai and Mombasa with a view of
spreading its services.There are other
cases of GBV cases in places far from
Nairobi but with the new hospitals and
GBVRC centers more patients will
receive adequate healthcare. We also plan
to have our footprints in Eastern African
countries by 2015, he said. Of the 2,487
survivors of gender based violence,
85 percent were rape and deflement
cases while 15 percent were domestic
violence cases. 47 percent were women,
45 percent were girls, and fve percent
were boys while three percent were men.
In addition 1,403 survivors of GBV
reported that that the offenders were
known to them while 1,084 said their
attackers were unknown. ******
<<<from page 15
....1,403 survivors of
GBV reported that that
the offenders were
known to them while
1,084 said their attackers
were unknown
18
Control Measures
Possible Ways of Dealing With Rape
What Should be done in the event of
rape It is very crucial that a victim of
sexual violence reports to the nearest
health facility right away or soonest
possible. In many cases the victims
of [tag-tec]rape[/tag-tec] may require
help to get to the hospital as this is
a most traumatizing experience and
also depending of the severity of
associated physical injuries.

Victims should not do the following;
The frst thing a victim of sexual
violence and specially rape will be
prone to do is bath as they feel dirty
and unwanted. This tends to wash
away the vital proof such as the
assailant semen or other fuids than
would tie the assailant to the crime.
The evidences to be collected are of
two types;
There is the proof to confrm that
sexual assault happened and that
connecting the suspected assaulter
to the [tag-tec]rape[/tag-tec]. Many
are times when such helpless women
present their problem to the
police and the case is dismissed
on grounds of lacking enough
evidence.
Assessment at the hospital;
The very frst step would
normally be gathering the
information about the victim,
where all physical harm
is documented so it can
be presented to the police
authorities to haunt the rapist.
Assessment linked to HIV
infection;
We all know that for one to
catch the Aids virus they must
have come in to contact with
blood, semen of an infected
person, and this is why a doctor
will always collect these as
specimen.
High vaginal swab- this should
be taken using the right method
to avoid additional injury to the
victim and also that negligence
Nyeri Women protest against rape in the region.
will lead to incorrect results. The key
issue is to check the spermatozoa
which are preserved permanently in
the laboratory for proof later during
the case in court. Anal or oral swab-
they are important when there is
record of alleged penetration if these
areas. If there are signs of ejaculation
or other fuids around the victims
perineum, these should be swabbed
and taken to the lab.
Note: absence of spermatozoa in
these parts does not mean that
penetration did not take place, the
assailant could have used a condom,
lack of ejaculation or perhaps
the woman who is a victim uses
douches. It could also be due to poor
collection of evidence, that is the
specimen or even the victim delayed
in seeking treatment.

HIV Testing;
The frst thing to happen is for the
doctors to take steps to counsel the
traumatized girl or woman or even
the sodomized man. I believe this
would not be done the same day
because it obviously takes sometime
before the HIV virus can be detected
in the blood. Normally the doctors
use the blood sample from a person
fnger to determine if they have the
virus or not. If the test is confrmed
positive then the next step would be
client counseling.
Client counseling;
>>>>>to page 19
19
Control Measures
<<<from page 18
Obviously it would not be an
easy task to convince such
persons who contracted HIV
from such a cruel act, some
much more knowledgeable
and trained expert should set
the ball rolling in privacy.
Trauma counseling is a priority
for victims of sexual violence
irrespective of the level of the
assault since it is a means of
helping them deal with post
[tag-tec]rape[/tag-tec] trauma.
HIV pre and post test
counseling must follow the
recommended HIV testing
guidelines by the ministry of
health in many countries. For
those victims of rape who may
not fnd strength to go for a
HIV test, options such as safe
intercourse should be discussed
until follow up testing proves
them otherwise, since the
assumption is that they may be
positive.
Counseling special cases
applies where the victim is a
child in which case counseling
to the parents and guardians is
also ensured to enable the child
be sober and relaxed.
HIV prevention;
The risk of transmission in
rape is thought to be high due
to persuasive penetration,
lack of lubrication resulting
in infammation, fresh tearing
and bruises to the genitals. For
your little girl, this would hurt
Children form one of the most rape-endangered groups of persons in
the world because most of them are defenseless
because their bodies are not mature in terms of size and also more mental
torture because they do not know much about sex. They should thus be given
antiretroviral drugs until proven negative because the assailant is believed to
be HIV positive.
Though, the testing should be done within seventy two hours since the action
of violation, the administration of these drugs should not be stopped. For
those who are indeed proven positive, a more comprehensive HIV care is
recommended because as we all know, this infection has no cure so far. By all
means, visits to the doctor will now become a must do because today victims
of Aids can live as long as twenty years approximately.
*******
By all means, visits to the
doctor will now become
a must do because today
victims of Aids can live
as long as twenty years
approximately
20
Criminology
In my biology class in High
School, I was taught that a
human being is capable of
having genetical abnormalities
which usually occur as a
result chromosomal mutations
at the time of conception.
Chromosones contain genetic
information and control
physical characteristics such
as colour of eyes etc. The
sex chromosones determine
the sexual characteristics of
individuals. The normal female
sex chromosomes are XX,
normal male chromosomes are
XY.
In certain cases an individual
may be born with an extra
chromosome. For example,
abnormal males may be
XXY (an extra X female
chromosome is present) or
XYY (an extra Y male
chromosome is present).
The XXY individual does not
appear to demonstrate any
connection with criminality.
However, the XYY individual
has popularly be linked to
criminality. The argument
was that an extra male
chromosome would make the
individual more aggressive
and more criminal.
Going by the discovery of
Jacobs, Brunton and Melville
(1965) which states that,
such an irregularity was
found more often in mental
institutions than the general
population. The fact that such
people were in institutions was
taken as proof of their enhanced
criminality because it was thought
connected to increased violence.
Jacobs described them as having
dangerous, violent or criminal
propensities.
I have also examined Sarbin and
Miller discovery (1970) which
later questioned the validity of this
conclusion. They claimed XYY
individuals were less aggressive
than normal males. Watkin and
associates (1977) confrmed this
assertion. Their research showed
that althiugh a high proportion of
XYY men had committed crimes,
they were mosty petty offences,
and that XYY male were no more
likely to commit dangerous crimes
than normal XY males. The reason
for there being more XYY men in
institutions is due to their slight
mental retardation.There now
appears to be some agreement
that chromosome abnormality and
criminality are not closely linked. In
any case, the incidence of XYY and
XXY males is so rare that it is of
little importance as regards crime.
Inherited genetic factors
This is not only about making
conclusions over the nature of
crime as presented in a criminally
structured format. Early attempts
were made to link genetics with
criminality by analysing the family
trees of criminals. The most famous
research was carried by Dugdale
(1877) on the Jukes family in New
York. The family had a long history
of criminality and prostitution. Dugdale
claimed that these factors were related
and fxed so that criminality would
always run in the family. However,
depite the high proportion of criminals
in the family, this does not prove any
link between criminality and inherited
genetic factors. Similar environmental
factors may be the reason and that
they had learned habits and values
from one another. The problem is that
hereditary and environmental factors are
interrelated. Parental upbringing could be
the cause of criminal tendencies.
Nevertheless, Goring (1913) claimed
that criminal tendencies were genetically
inherited and environment was not a
factor. His research was carried out
convicted prisoners. He found high
correlations between between the
criminality of spouses, parents and
children and between siblings. The
correlation between father and son,
and brothers, for criminality was very
similar to that for physical traits such as
eye colour. His argument is that just as
physical attributes can be passed on by
genes from parent to child, so too can
criminal tendencies which may also be
present in the parents make-up.
In this way Goring said there was
a hereditary linked to criminality.
The similarity in behaviour between
parents and children was not down
to environmental factors, because the
correlation was too closely linked to
other, clearly hereditary factors such as
physical appearance.
******
<<<from page 2
THE VIGILANT MAGANIZINE
Scholars Research
Obar Mark
Contacts: Multimedia University College, Faculty of Media
and Communication, P.O.BOX 30305-00100, Nairobi Kenya.
Mobile Phone No. +254 728 762 356 or +254 735 457 023.
Blog: www.obarmark.dinstudio.com Research Bibliography:
http://www.kenyapolice.go.ke/
Photos by: Agencies and The Researcher