Violence is an ever-present reality for women and girls in Kenya. In 1993, the UN Declaration on the Elimination of Violence against Women offered clear parameters of gender-based violence. Kenya commits to universal application to women’s rights and dignity. Let’s examine the country’s progress on the issue. The Kenya Demographic and Health Survey indicates that 45% of women aged 15-49 encountered physical violence. Additionally, 14% of these women underwent sexual violence. In Kenya, avoidable gaps in the criminal justice system deny justice for domestic violence victims results in an entrenchment of long-term consequences such as unplanned pregnancies and transmission of sexually transmitted infections and HIV/AIDS.
The acquittal of a former Catholic priest by the Kenyan Judiciary in June 2021 for ‘lack of adequate evidence’ for assaulting a mother and child shines a light on the challenges victims of domestic violence face in seeking justice. First, the victim sought justice for six years. DNA reports from the court’s record confirm the defendant as the father to the child. The court cites the inability to integrate forensic evidence to convict the defendant. The responsibility lies squarely at the feet of the criminal justice system. The disabled child (effects of the attack) and the mother suffered prejudice. Despite the existence of the Protection Against Domestic Violence Act of 2015 and the Sexual Offences Act of 2006 to protect Kenyan women, over the last year, a 42% increase in domestic violence cases in the country was recorded. The Kenya Law observes that the criminal justice in “most cases perpetrates or tolerates violence against women either through action or non-action by prioritizing custom or tradition” over respect for the fundamental rights belonging to Kenyan women as enshrined in the constitution and universally. Responding to the spike in the domestic violence cases, the National Council on Administration of Justice remarked “in some cases, the perpetrators are close relatives, guardians and/or persons living with the victims, and the courts, will consider giving directions on such matters”. Such sentiments infringe upon victims of domestic violence’s right to equal protection before the law. Overlooking full enforcement of existing laws by the criminal justice system in Kenya breeds cultural tolerance to domestic violence and impunity for violation of women’s rights. Kenya’s criminal justice is obligated to uphold Women’s Rights. Avoidable gaps in Kenya’s criminal justice system further punish victims of domestic violence by denying them benefits of the law. It is unacceptable!
Findings from HHR Journal Study on Intimate Partner Violence, Human Rights Violations and HIV/AIDS Prevalence in Kenya spearheaded by Health and Human Rights Journal indicates out of all the 600 sexually active women living with HIV engaged in the study, all of them are victims of some form of domestic violence. Emotional abuse, sexual abuse, physical violence, and controlling behavior are some of the forms of abuse documented in the study. Additionally, the “institutionalized gender inequality sets the tone for intimate partner violence”, the study remarks. These women reflect the inadequacy of social, financial, and emotional support to victims of long-term effects of domestic violence in Kenya which affects their productivity and entrenches further gender inequality. Limited opportunities and gender inequality for Kenyan women relegate most of them to agriculture and informal sectors. Such vulnerability exposes them to HIV/AIDS, sexually transmitted infections, and abuse. The judiciary MUST protect Kenyan women from exploitation despite these vulnerabilities.
The Pain is Real
Conversations on ending domestic violence in Kenya MUST look and understand the consequences of domestic violence. As the former priest basks in freedom due to failure in the criminal justice system, a child is disabled and its mother (a minor at conception) cry for justice. Moreover, its mother continues to shoulder the burden of unplanned pregnancies, an unsure future for lack of education, and a limited opportunity to live a dignified life. Domestic violence increases her vulnerability and denial of justice makes a mockery of efforts to eliminate gender violence in Kenya. It is a reflection of what lies behind the mirrors of domestic violence.
Let’s Do More…
The Universal Declaration of Human Rights is categorical that EVERYONE is entitled to a quality and meaningful life. Kenya’s criminal justice’s apathy towards victims of domestic violence is regrettable and worrying. Global bodies such as Human Rights Watch among others should join local bodies such as FIDA-Kenya to promote women’s rights. Kenya’s FIRST FEMALE chief justice recently appointed into office against all odds should ensure strict application of the law. Kenyan media and social justice activists need to highlight the gaps in criminal justice and demand better. Real people bear the brunt of domestic violence, and the law should be a citadel of justice against all forms of injustice. Domestic violence victims deserve better!
About The Contributor
