c) Enact a more stringent law to address domestic violence and sexual offences; discrimination against
women, and undertake concrete steps and policies which will enhance the participation of women in
government and in key positions;
Response
The Constitution of Kenya contains several safeguards for the protection of women, children and all persons
from all forms of violence. Besides embracing the principle of the inherent dignity of the person, the
Constitution also safeguards the fundamental freedom and security of the person. It explicitly outlaws any
form of violence from either private or public sources. Freedom from torture and cruel, inhuman and
degrading treatment or punishment and freedom from slavery and servitude are some of the non-derogable
rights in the constitution. A number of legislative and policy measures have been taken to protect women. A
more comprehensive list of legislation and policies has been provided in the main body of this Report.
Following are some of the administrative and programmatic measures taken:
The Protection against Domestic Violence Bill 2014 is currently before Parliament for discussions. The legislation
once enacted will provide protection and relief of victims of domestic violence. The Bill addresses, among
other issues, violence within families, forced wife inheritance and harassment by in-laws. It seeks to protect
victims of domestic violence and provide protection for spouses and any children or dependants within the
family. In addition, it recognises sexual violence within marriage, child marriage, FGM, incest, defilement and
sexual abuse as forms of domestic violence. Economic abuse, damage to property, emotional or psychological
abuse, virginity testing and widow cleansing are also described as forms of domestic violence.
Public awareness and community dialogue on the Female Genital Mutilation Act 2011 and the dangers of FGM
are being undertaken in the four districts where the practice is rampant.
A Sexual Offences, Gender Violence and Victim’s Rights Section was set up in the Office of the Director of
Public Prosecutor to conduct trainings and sensitization of investigators, police prosecutors and judicial
officers on Sexual and Gender based violence cases throughout the country with the objective of enhancing
their capacity to respond effectively to these crimes. The Section also conducts specialized training on forensic
investigations, crime scene management, collection, preservation and presentation of evidence;
A Prosecutor’s Manual on Sexual Offences has been developed and is being used to train
investigators and Police Officers on the investigation and prosecutions of sexual offences;
Gender units have been set up in all ministries to enhance gender sensitivity in administrative
operations when giving services. There are also various awareness initiatives that have been
undertaken by ministries even in collaboration with CSO to sensitive members of the public on
gender issues; and
The training curriculum for police officers has been reviewed and now incorporates training on human
rights including the prohibition of torture and ill treatment. The curriculum was engendered through the
concerted efforts of government and UN women. Gender Violence Recovery centres have been opened in
major public hospitals across the country to deal with matters of gender violence.
d) Take necessary steps for the ratification and domestication of: The Protocol to the African Charter
establishing an African Court on Human and Peoples’ Rights and make declaration under Article 34
Response
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