A Critical Assessment on the Efficacy of Domestic Violence Laws in Kenya

Abstract

The topic ‘Domestic Violence’ is not a new topic in Kenya and neither is it in other jurisdictions. Its roots emanate from time unknown and its boundaries cut across all classes of people. It comes in different forms and its severity could be anything from verbal abuses or coercion to fatalities. With the negative impact on human rights it poses, several concerns on how to tackle it have been raised on several occasions by different groups, particularly those supporting women’s rights. Some jurisdictions have come up with effective legislation aimed at tackling the vice and punishing its perpetrators. In Kenya, however, a gap is left where perpetrators walk freely without charges as effective laws directed specifically at domestic violence cases has never been enacted.An attempt that was raised in 1998 in form of a bill has since laid in the shelves of the legislature and to date, no effective law has come into effect with the aim of assisting the victims of domestic violence and punish the perpetrators. In an attempt to analyze this pitiable situation in Kenya, this paper will also look at laws of India and South Africa on domestic violence and how effective they have been since their enactment.