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
