Domestic violence remains a serious issue in Kenya, affecting thousands of individuals across all counties, regardless of gender, age, or socioeconomic status. To address this, the Kenyan government enacted laws designed to protect victims and hold perpetrators accountable.
This article breaks down everything you need to know about the Protection Against Domestic Violence Act, your rights, how to seek help, and the legal consequences of domestic violence in Kenya.
What is Domestic Violence According to Kenyan Law?
Under the Protection Against Domestic Violence Act, 2015, domestic violence is defined broadly to include:
- Physical abuse – including assault, battery, and threats.
- Sexual abuse – forced sexual acts, rape, or harassment.
- Psychological abuse – including intimidation, verbal abuse, or controlling behavior.
- Economic abuse – controlling access to finances or refusing to contribute financially.
- Emotional abuse – repeated humiliation, insults, or manipulation.
- Harassment and stalking – persistent following or monitoring of a person.
- Child abuse – any form of harm or neglect to a child within the home.
The law also covers people in marriages, dating relationships, former partners, children, and other members of a shared household.
Key Provisions of the Protection Against Domestic Violence Act
1. Protection Orders
Victims of domestic violence can apply for a Protection Order from the court. This legally prevents the abuser from contacting, threatening, or coming near the victim.
2. Emergency Protection Orders
In urgent situations, the court can issue temporary or emergency protection orders within 24 hours to ensure immediate safety for the victim.
3. Police Intervention
The law empowers police officers to arrest suspected offenders without a warrant if they believe an act of domestic violence has occurred or is likely to occur.
4. Right to Shelter and Support
Victims have the right to safe shelter, medical care, counseling, and other forms of support. County governments and civil society are encouraged to provide these services.
Penalties for Domestic Violence in Kenya
Depending on the nature of the offense, penalties may include:
- Fines – Up to Ksh. 1 million depending on the severity of the abuse.
- Imprisonment – Sentences can range from 6 months to 10 years or more.
- Community service – For less severe offenses or first-time offenders.
- Compensation – Courts can also order offenders to compensate victims for damages or injuries caused.
How to Report Domestic Violence in Kenya
If you or someone you know is experiencing domestic violence, here’s what you can do:
Call the Police
Dial 999, 112, or report directly to the nearest police station.
Seek Medical Help
Visit a hospital for treatment and documentation of any injuries.
Visit a Magistrate’s Court
Apply for a protection order or report the case to initiate legal proceedings.
Talk to a Support Organization
Several NGOs and government bodies provide free counseling, legal aid, and shelter. These include:
- FIDA Kenya
- CREAW Kenya
- GVRC (Gender Violence Recovery Centre)
- The National Gender and Equality Commission
Why Awareness is Key
Despite the existence of these laws, many victims still suffer in silence due to stigma, fear, or lack of information. Raising awareness and providing accessible support is crucial in ending the cycle of abuse.
Final Thoughts
Kenya’s domestic violence law is clear: abuse of any kind is a crime. Everyone has the right to live in a safe, respectful, and violence-free environment. Whether you’re a victim or a witness, reporting domestic violence could save a life.
Did You Know?
Over 45% of women in Kenya have experienced some form of domestic abuse in their lifetime. The more we speak out and educate ourselves, the closer we get to a safer society for all.