Confronting domestic violence against women: a comparison between South Africa and Kenya.

Abstract

Domestic violence is an act of violence against a person, or a threat of violence or of imminent danger to that person by any other person with whom that person is, or has been in a domestic relationship. This thesis focuses on domestic violence against women in Kenya, where despite the enactment of the Protection Against Domestic Violence Act the vice persists. The main objective of this research is to critically analyze the status of domestic violence against women in Kenya in light of the Protection Against Domestic Violence Act vis a vis the Domestic Violence Act of South Africa. This thesis derives its theoretical framework primarily from feminist theory which argues that patriarchy creates a fertile atmosphere for domestic violence. This thesis encompasses qualitative research of a doctrinal and comparative nature which is based on analyzing literature, books, journals, acts of parliament, published theses, internet sources, and international treaties for documented information on constitutional dispensation and policy, legislation and regulations, books, case law, journals articles and academic thesis. An analysis of the legal and policy framework vis a vis the provisions of the human rights standards show that both South Africa and Kenya have not sufficiently protected women from domestic violence. This was revealed by the rise of domestic violence cases in both countries. The implication of this is that the problem cannot be resolved without a multipronged approach that involves eradicating harmful cultural practices, compensation to victims, holding the government accountable, documenting domestic violence cases, and creating legal awareness