Seven individuals have been charged with assaulting and torturing a woman during a burial ceremony in Nyamira County. The case, which has drawn national attention, involves a widow, Mellen Moraa, who was allegedly subjected to degrading treatment under the guise of observing cultural rites.
The accused Dismark Ondieki, Lameck Ogindi, Jones Manyancha, Elijah Kinairo, Zacharia Nyariki, Robert Makori, and Martin Obino were arraigned in court and charged under the Prevention of Torture Act of 2017. Specifically, they face charges of locking up, roughing up, and torturing Moraa contrary to Section 4(a) subsection 2 and Section 5(1) of the Act.
According to court proceedings, the suspects, together with others not present in court, allegedly forced Moraa to participate in traditional Abagusii burial rituals. These rituals required her to pour a handful of soil into the grave of her estranged husband, Joseph Osoro. Moraa claims that the men not only coerced her into this act but also locked her in a room with the deceased’s body for several hours as part of the rites.
The incident reportedly occurred in March 2025 in Nyabisimba village. It quickly gained national traction after a video surfaced online showing the widow being violently attacked by a group of men. The footage provoked widespread condemnation from the public, as well as from political leaders and women’s rights advocates.
A group of women legislators addressed the matter in a press conference, denouncing the actions of the suspects. They described the incident as both archaic and a gross violation of human rights. The lawmakers criticized the use of cultural practices to justify gender-based violence, calling for urgent reforms and strict legal action against the perpetrators.
Among the legislators who voiced their concerns were nominated senators and women representatives from different regions. They described the actions of the accused as “barbaric” and “uncivilized,” emphasizing that no tradition or custom should be used to violate a person’s dignity or bodily autonomy.
During the court session, the prosecution argued that the suspects should be remanded to prevent them from interfering with ongoing investigations and tampering with evidence. The prosecution highlighted the severity of the actions, noting that Moraa was not only assaulted but intentionally tortured in a bid to enforce cultural rituals.
The defense lawyers opposed the prosecution’s request for remand, insisting that the suspects were entitled to bail and posed no threat to the legal process. After considering both sides, the magistrate ruled in favor of granting bail, stating that the suspects had a constitutional right to liberty unless proven guilty.
Each of the seven suspects was released on a bond of KSh 100,000 with a surety of the same amount, or alternatively, a cash bail of KSh 50,000. The magistrate scheduled the case for mention on April 23.
The case has reignited national conversations on the need to critically examine certain cultural practices, particularly those that perpetuate violence or discrimination. Activists and legal experts are calling for more stringent enforcement of laws protecting women from abuse, especially in vulnerable moments such as bereavement.
