Ending intimate partner violence in Kenya: How legal and social reforms can save lives

Addressing intimate partner femicide requires not only legal reforms but also a shift in how society views gender roles, power dynamics, and violence within relationships.

Understanding the Crisis

Intimate partner femicide, the killing of women by current or former partners, is one of the most common forms of femicide globally.

In Kenya, the problem has been growing steadily, with 500 women murdered between 2016 and 2023 alone, most by their intimate partners.

#EndFemicideKE peaceful demonstrations in Nairobi Pulse Live Kenya

According to Amnesty International, January 2024 alone saw 10 cases of femicide.

These killings are not random but are linked to deep-seated issues of gender inequality, cultural norms that tolerate violence, and a lack of legal deterrents.

Legal Gaps and Their Consequences

Despite the clear urgency, Kenya's legal framework remains inadequate in dealing with femicide.

While the Constitution of Kenya guarantees the right to life and equal protection under the law, there is no specific legislation that addresses femicide as a distinct crime.

The Penal Code criminalises murder and manslaughter, but femicide often falls through the cracks, with perpetrators receiving lenient sentences or avoiding punishment altogether.

Moreover, Kenya's Protection Against Domestic Violence Act (2015), while progressive in some aspects, lacks sufficient mechanisms to protect women from violence before it escalates to murder.

For instance, the law allows courts to issue protection orders, but many victims face significant barriers in accessing these legal protections.

Additionally, there is little follow-up to ensure that such orders are enforced, and perpetrators are often emboldened by the lack of immediate consequences.

Cultural Norms and Economic Realities

Beyond legal reforms, there is a need to confront the cultural norms that contribute to femicide.

Patriarchal attitudes, which view women as subordinate to men, are still prevalent in many parts of Kenya.

These attitudes normalise violence as a tool for control within relationships, making it difficult for women to escape abusive situations.

Renowned actress Catherine Kamau, popularly known as Kate Actress, led a march to protest against femicide in Nyeri on January 26, 2024. Renowned actress Catherine Kamau, popularly known as Kate Actress, led a march to protest against femicide in Nyeri on January 26, 2024. Pulse Live Kenya

As long as these cultural norms remain unchallenged, femicide will continue to be a societal issue.

Economic inequality also plays a role. Many women are financially dependent on their abusers, making it nearly impossible to leave toxic relationships.

Without access to financial resources or safe spaces, victims are left vulnerable to continued abuse, which can escalate into lethal violence.

What Solutions Are Working?

To combat femicide, Kenya can learn from international best practices and successful local initiatives.

For example, several countries have adopted specific femicide laws, which mandate harsher sentences for gender-related killings and ensure that such crimes are treated with the gravity they deserve.

In Mexico, a country with high rates of femicide, the implementation of such laws has helped increase the conviction rates of perpetrators and bring justice to victims' families..

Locally, organizations such as FIDA Kenya and Amnesty International have been advocating for stronger legal protections for women.

Following the 'End Femicide Kenya' March in early 2024, activists called for a comprehensive overhaul of the legal and social systems to prevent gender-based violence before it escalates.

Grassroots efforts like these play a crucial role in holding the government accountable and pushing for necessary reforms.

A Call for Comprehensive Reform

While the efforts of civil society and media coverage have raised awareness of femicide, more needs to be done at the governmental level.

Kenya should adopt specific legislation that recognises femicide as a distinct crime and ensures that perpetrators are held accountable. This should include harsher penalties, mandatory investigations, and protection measures for at-risk women.

In addition to legal reforms, there is a need for greater investment in support services for survivors of domestic violence.

Shelters, financial assistance, and psychological counseling can help women escape abusive relationships before they turn deadly.

More robust community education programs are also essential to change the attitudes that perpetuate violence against women.

Conclusion

The fight against intimate partner femicide in Kenya is far from over, but solutions exist. By addressing both the legal gaps and the cultural norms that enable violence, Kenya can make significant strides toward ending femicide and protecting the lives of women.

The government, civil society, and ordinary citizens must work together to break the cycle of violence and ensure that no more lives are lost to intimate partner femicide.

Editor's Note:

Report cases of sexual violence to the Wangu Kanja Foundation through toll free line 1519.

Intimate partner violence can also be reported through 24-hour national helpline for gender-based violence 1195.