Kenyan Law On Domestic Violence
@2018-01-06 06:44:39

Introduction

Violence of any kind is dangerous. But it is even more dangerous when it comes from someone close to you, someone with whom you should feel comfortable and secure. Many people suffer domestic violence in silence. Some fear wrecking their families, others fear being shunned by the society, others fear that speaking out will lead to more violence, while others simply believe that they have no way out.

But domestic violence can lead to trauma and even death. There are increasing reports of people being killed by spouses and lovers, the latest being rugby player Mike Okombe who was allegedly stabbed to death by his girlfriend.

Definition of Domestic Violence

The Protection Against Domestic Violence Act, 2015 defines domestic violence as violence as violence or threat of violence against a person another person with whom the first person has a domestic relationship. The Act defines “domestic relationship to include:

1. A spouse or former spouse (including a person with whom a marriage was annulled);
2. A housemate;
3. A family member, including a parent, child, sibling or any other relative as determined on a case to case basis;
4. person who is or has been engaged to get married to that
5. person;
6. A person who has a child with that other person; or
7. A person who has a close personal relationship with the other person.

The last part broadens the definition to include persons who are close without having family or sexual relation, such as platonic friends.

Components of Domestic Violence.

Domestic violence is often viewed in terms of physical abuse, such as wife/husband battering, but the Act widens the scope to include:

1. Emotional, verbal or psychological abuse; this is defined as a pattern of degrading or humiliating conduct, including repeated insults, ridicule or name-calling and repeated threats to cause emotional pain; and
2. Economic abuse, which is defined as the unreasonable deprivation of financial resources to which a person is entitled, such as school fees or medical expenses, as well as denying someone the right to seek employment or engage in an income generating activity.

It also includes harassment, which is defined as a pattern of conduct that induces a person to fear imminent harm.

Domestic violence also includes a number of cultural practices such as child marriage, female genital mutilation, forced marriage and wife inheritance, interference from in laws, widow cleansing and virginity testing.

Notably, it also includes sexual abuse such as defilement, incest and sexual violence within marriage.

Remedies

1. Protection Order

A person who suffers from domestic violence can apply for a Protection Order from court. The PO orders the respondent to not engage in the conduct that amounted to domestic violence, and may include a non-contact order, which basically forbids the respondent from being anywhere near the victim.

2. Compensation

Where a victim of domestic violence suffers personal injuries or damage to property or financial loss as a result of the domestic violence, the court hearing a claim for compensation may award such compensation in respect of the injury or damage or loss as it deems just and reasonable.

Criminal Offence

Actions of domestic violence which are criminal activities under other laws, such as assault and sexual offences are still punishable under criminal law, in spite of the remedies mentioned above being granted.

Attacking or intimidating a person who reports domestic violence is also an offence.

 

By: Edward Maroncha