RESEARCH TOPIC:

MAJOR CAUSES OF GENDER BASED VIOLENCE: THE LEGAL AND

ADMINISTRATIVE MEASURES PUT IN PLACE BY THE GOVERNMENT TO
ADDRESS GENDER BASED VIOLENCE IN KENYA

1. INTRODUCTION.
Gender based violence refers to violence that targets individuals or groups on the basis of their
gender.1 The United Nations’ Office of the High Commissioner for Human Rights’ Committee on
the Elimination of Discrimination against Women in its General Recommendation No. 19 defines it
as violence that is directed against a woman because she is a woman or that affects women
disproportionately.2 In the world, violence against women is the most widespread and ‘socially
accepted’ form of human rights violations. Gender based violence revolves around patriarchal
notions about the roles of men and women in society by which the man is in control and the woman
is the subject beholden to the whims and wishes of the man. 3 This is especially observed as Sexual
and gender based violence in the country. Kenya is a perpetrator of this vice because of the
disparities that have occurred in the country from traditions that entail the difference in classification
of men and women.4 In 1993, the UN Declaration on the Elimination of Violence against Women
defined this kind of violence as, “Any act of gender-based violence that results in, or is likely to
result in, physical, sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivations of liberty, whether occurring in public or in private life.5
Gender based violence could be sexual, physical or psychological. This includes coercion, threats of
violence or arbitrary deprivation of freedoms or of liberty which could be in public or in private.6
Gender based violence is experienced by both the male and female population in Kenya. However,
many of the instances often go unreported, with both women and men suffering in silence. Some of
the reasons are for fear of stigmatization, inefficiencies in the administrative systems, and fear of
marginalization.
2. BACKGROUND TO THE PROBLEM
Domestic violence is one of the gender based violence incidences that have been witnessed. A
survey conducted by FIDA in 2011 showed that 50% of the women interviewed had in some way

1
Definitions of sexual and gender based violence Available at www.irinnews.org/feature/2004/09/01/definitions-
sexual-and-gender-based-violence Accessed 3rd May 2017
2
Ibid
3
Ruth Aura Odhiambo, ‘Intimate terror: a case study of the law versus the lived realities of battered wives among the
Luo community living in Nakuru, Kenya.’ Unpublished PGD dissertation, University of Zimbabwe,2000
4
Kibwana, K (1996) Law and the Status of Women in Kenya Nairobi: Claripress
5
The Bureau for Crisis Prevention and Recovery
6
Population reference bureau, 2001 page 3
experienced domestic violence. Of these, 56% of the cases were not reported.7
In 2016, Jackline Mwende, was brutally attacked by her husband and her hands butchered, for
allegedly not being able to conceive any children during the seven-year marriage. It was later
discovered that she was fertile and it was her husband who had fertility problems.8
Men have also been subjected to domestic violence. There was an instance where a man from Tigoni
was set ablaze for a quarrel over food, and a woman acknowledged before a Nairobi court to beating
her husband for provoking her.9
The 2014 Kenya Demographic and Health Survey showed statistics on men battering in the country,
with the survey showing 60% of men in Western and Nairobi regions having been battered by their
wives. Central region came in fifth with reported cases of spousal violence.10
There are several factors that lead to gender based violence. No single factor can be stated as the
prime cause because they are all interrelated.11
3. STATEMENT OF THE PROBLEM
In Kenya today, 90 percent of all gender based violence occurs against women12. One may ask why?
This is the essence of this paper. To seek and explore the causes of gender based violence. Why is
this kind of violence more prevalent among women as compared to men? Is it because of cultural
factors like the subjugation of women that has seen women continue to suffer under the impact of
patrilineal society?
4. RESEARCH OBJECTIVE
To review to what extent the Government of Kenya has made legal provisions to address domestic
based violence and ensure that the same is curtailed in Kenya. Also, to that end to examine how
effective, well planned, open, transparent, equitable and credible it has been implemented by
assessing the outcomes of the said process, more specifically, the operationalization of, and success
of the Protection Against Domestic Violence Act 2015.
5. METHODOLOGY
Interviews with relevant GBV officers at police stations. These are the key informants as they
are the ones tasked with the day to day reporting on cases of gender based violence and best
placed to report on the same;

7
Veronica Kayulu, 'Causes, Consequences and Management Strategies of Gender Based Domestic Violence: A Case of
Central Division of Kitui District, Kenya.' (2007).
8
Eunice Kilonzo, 'Battered Woman Says Why She Remained in Abusive Marriage' Daily Nation (2016)
<http://www.nation.co.ke/news/Battered-woman-says-she-stayed-on-to-save-marriage/1056-3326414-tytvefz/
index.html> accessed 29 April 2017.
9
ibid
10
Paul Wafula, 'Western, Nairobi Men Frequently Beaten by Their Wives' The Standard (2016)
<https://www.standardmedia.co.ke/article/2000188171/western-nairobi-men-frequently-beaten-by-their-wives> accessed
2 May 2017.
11
UN development fund for women 1997.
12
Kenya NationaL Bureau of Statistics
Questionnaires- these will be focused on the residents of the county of Nairobi and
more specifically the informal settlements of Kawangware and Kibera where such
cases are rampant;
Reviewing data available at the Milimani Law Courts in Nairobi;
Case law review-this involves the cases so far decided by Kenyan courts on the issue of
gender based violence generally as well as public litigation on GBV. Reference will also
be made to the yet to be heard and determined cases;
Literature review on international and local texts and research papers to be used as
background information for purposes of enriching the study.
6. ADMINISTRATIVE MEASURES IN PLACE
Here I will explore the different administrative organizations that deal with Gender Based
Violence like The National Gender and Equality Commission, Hospitals, Police, Federation of
Women Lawyers (FIDA), National Guidelines on the Management of Sexual Violence and
National Framework Towards Response and Prevention of Gender Based Violence.
7. LITIGATION STRATEGY
Here I will set out the litigation plan in addressing the gender based violence such as meetings
with public bodies like the police, government ministries and departments, prisons, local
authorities and institutions. Also explore the available court processes from plea taking all the
way to judgement and eventually sentencing of the gender based violence cases.
8. CONCLUSION AND RECOMMENDATIONS
Based on the findings, I will then make a conclusion and recommendations based on the findings
of my project.