Kathure posted:
<<Abusers hide behind culture
Published on March 29, 2008, 12:00 am
By Patrick Muriungi
It was the most horrific attack on a woman in recent times.
Isabella Kanyua Mugambi, 28, vividly recalls the day her brother-in-law severed her hands with a panga.
Ms Isabella Kanyua Mugambi recuperates at Meru General hospital.
But it is the reason he gave for the attack that was more bizarre. The man claimed that Kanyua was more hardworking than him, "which is against Meru traditions".
The suspect, who has since been charged with attempted murder and inflicting grievous bodily harm on his sister-in-law, is in remand prison.
And Kanyua is still hospitalised, waiting to be fitted with artificial hands donated by a Good Samaritan. The philanthropist donated the limbs after reading the victim’s story in the press.
She is expected to be transferred to a Nairobi Hospital where the limbs will be fitted.
Although Kanyua is happy at the gesture, she is still saddened by what her own brother-in-law did to her.
In a similar case, a woman had her hands severed by her husband in Maua three months ago over alleged unfaithfulness.
Soon after this, another man beat up his wife savagely, leaving her for dead in Central Imenti. His excuse was that the victim was unfaithful and did not respect him "as required by Meru traditions".
In most cases, abusers seem to hide behind culture and traditions, which regard women as second-rate human beings.
The requirement that a woman be always answerable to a man is the major reason violence has skyrocketed in Meru. Investigation into the causes of many domestic violence incidents in the region reveals accusations of infidelity, backward traditions and deep-rooted male chauvinism. Most incidents are reported in Meru North and Tharaka, where miraa (khat) chewing is a tradition.
Men also seem to believe in the old tradition that the only way to correct a wife is through a thorough beating.
This has led to family break-ups, leaving children with no one to look after them. It is also becoming tricky for law enforcers, who are faced with the option of hauling errant husbands to jail and leaving children with no one to bring them up. This was illustrated recently when Meru Chief Magistrate, J R Karanja, found himself playing the role of a marriage counsellor in a domestic violence case.
The magistrate spent an hour advising the couple to reconcile for the sake of their two children.
With the man in custody for beating his wife, the woman had been left to fend for the children alone.
Charles Mbogori had spent several months in custody for causing grievous harm to his wife, Mary.
While he had initially maintained innocence, when the hearing came up last month, the suspect pleaded guilty. He admitted that he broke his wife’s hands with a piece of wood while "trying to discipline her".
He pleaded for forgiveness, saying he and his wife did casual labour to feed their family. He claimed that he had learnt that their two children aged three and four were suffering a lot.
But his wife would hear none of the pleas. She informed the court that the man was a habitual abuser.
"Your husband is repentant and has promised not to mistreat you again. Are you ready to forgive him so you can look after your children together?" the magistrate asked her. Mary said she wanted Mbogori to stay in custody a little longer to learn two lessons: that he should never batter her again or abandon his responsibilities.
Legal dilemma
She also said her husband had been having an extra-marital affair. Her husband assaulted her when she asked him about the affair.
Saying that it was unlawful for Mbogori to beat his wife under the guise of disciplining her, Karanja asked families from both sides to leave the court so he could resolve the issue for the children’s sake.
This is the dilemma many courts face. Is it proper to release a wife batterer so he can take care of his children? Should justice take its course and let the guilty face the full force of the law?
Mr Charles Kariuki, Law Society of Kenya Mt Kenya branch treasurer and Meru Bar Association organising secretary, says the area records the highest number of domestic violence cases in Kenya.
"Meru courts handle a minimum of 100 domestic violence cases annually," says Kariuki. He said the cases involve murders, assault, rape and incest. He says sometimes, domestic violence arises from civil cases on divorce, separation, children upkeep or fight over property.
"The only place that comes close to Meru in domestic violence is Kisii," says Kariuki.
He blames the Meru violence on cultures and traditions.
The lawyer says: "Meru culture, which says that the man owns the family property, occasionally ignites fights. This is especially when the wife is hardworking but the man denies her a say over the joint property.
"In many instances, you will find the husband attacking the wife if she questions his decision to sell property. Sometimes the woman is beaten to death."
Kariuki says there are numerous cases of violence over land disputes. The advocate says family members fight over land belonging to the parents, resulting in serious injuries and deaths.
Meru Prison, says Kariuki, has about 1,000 inmates, 70 per cent of whom are assault suspects, who fought with family members.
Kariuki further says violence has been linked to miraa chewing in Meru North District. Miraa is widely grown in Ntonyiri, Igembe, and parts of Tigania, where violence cases are numerous.
Ms Kanyua is consoled by Mr Steve Ringera, a local leader, and a relative. Pictures: Reuben Githinji
The advocate says the bar association has been trying to sensitise locals on the need to seek justice instead of resorting to physical violence. Igembe Officer Commanding Police Division, Mr Morris Kiplagat, agrees that land disputes spark off domestic scuffles, which, sometimes, end tragically.
Kiplagat says miraa, regarded as the green gold of the region, leads to many cases of domestic violence. This is especially when a family member plucks the leaves without consent. A few grammes of the leaves can fetch between Sh150 and Sh200, depending on the type.
Thus, joking around with the plant can end one’s his life. On several cases, people have been killed for stealing miraa.
In some areas, the farmers have passed unwritten laws that if one is caught stealing miraa, his or her hand is chopped off as a warning to others.
Kiplagat also blames domestic violence on illicit brews. He says the station handles about 20 cases of domestic
einstein do you need more evidence that men oppress women or you think that these examples are anomalies?
Here is the link so you can see the woman live live.
www.eastandard.net/news/?id=1143983979&cid=259>>Einstein responds as follows,
These kind of attacks on any human being are NOT justifiable no matter the circumstance! Kenya is not some banana republic without laws. Many laws have been enacted in our country to specifically deal with these kinds of human rights abuse ranging from domestic violence committed against women, children and men right through to the sexual abuse of the same groups. In such cases, it is only fair that the law is applied to the letter and allowed to take its own natural course.
Fortunately in the above article, the problem has been localised as follows <<
abusers hide behind culture>>
The Meru violence is squarely being blamed on cultures and traditions of the Ameru people. This is what one lawyer says:
"Meru culture, which says that the man owns the family property, occasionally ignites fights. This is especially when the wife is hardworking but the man denies her a say over the joint property.”I think this was the most important step, localising the roots of the problem. The next step is to try to find out what the Amerus are doing to get rid of such repugnant cultures and traditions. Unfortunately, the article is loudly silent on this. It would have been interesting to hear what role the fierce Njuri Ncheke (Meru Council of Elders) is playing in modernising the cultures and traditions of the Ameru people. But again, I’m not surprised about their silence in this matter, because it happens to be a “male ONLY club”. You can correct me if I’m wrong on that score.
The silence of these so called Elders about the clearly outdated Meru cultures and traditions is even more worrying when one remembers how many times this group successfully sought appointments with the Head of State to haggle about political appointments for some fat-cat Meru politicians threatened with political irrelevance in the new Kenyan political dispensation. Is this the true role of such Elders amongst the Ameru people?
According to me, the role of such elders in various Kenyan communities is first and foremost, the modernisation of the cultures and traditions of such communities in keeping with changing and modern times apart from the preservation of the cultures and traditions which they think are still relevant to the modern society.
Contrast this to the position that was publicly taken by the chairman of the Luo Council of Elders, Mr Riaga Ogalo. After the political violence that rocked Kenya after our disgraced presidential elections, Luo from other parts of Kenya had to flee back to their ancestral home in Luo Nyanza. Now, there was this case of a woman who came back to her deceased husband’s home and tried to resettle there. This home had been abandoned for many years since the husband had passed on and the woman and her children had settled else where in Kenya. When she tried to access the home, the villagers stopped her on her tracks saying according to the Luo culture, she cannot settle in an abandoned home and besides she could not be given an alternative land since she had deserted the village. Upon hearing the plight of this woman, Mr Riaga Ogalo stated in public that the woman was free to settle in her deceased husband’s home since that particular culture is no longer in keeping with Luo cultures and traditions!
This is exactly what I expect from such elders! Giving clear direction when matters of culture and tradition are under dispute but NOT haggling over some political appointment benefiting only particular politicians!
While at it, it would also be interesting to know what roles, if any, women play in such a council of elders. What have women done to penetrate such councils to ensure that problems pertaining to women in particular are also addressed? It will never be useful for women to keep on shouting from the sidelines when they could be more effective in the centre of action!!
Hence my plea to Kathure in the case of Meru and other women from other communities to confront such council of elder head on and make their voices be heard. Screaming your voice hoarse that EINSTEIN is a SEXIST will not help your cause.
Kathure poses this question <<
einstein do you need more evidence that men oppress women or you think that these examples are anomalies?>>
I hope my response above gives you a clue where you need to start from. Einstein is definitely not your problem. Einstein was born male by an accident of nature and has never oppressed any woman. Like I said before, the fight against SEXISM is a noble one and only you will determine whether you win it or lose it. Einstein can only do so much.