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Domestic Assault Against Women In Kenya Criminology Essay

Domestic violence is a problem that is rampant in most parts of the world especially in Africa. There is absolutely no standard definition of domestic violence in Kenya maybe because there are no express regulations on a single. However several scholars have attempted to define domestic assault. The term assault against women means any function of gender centered violence that results in or is likely to lead to or is likely to lead to physical, erotic, or psychological damage or enduring to women including risks of such serves coercion or arbitrary deprivation of liberty whether taking place in public areas or private life. FIDA (K) in the 1998 gross annual survey on the legal position of women in Kenya states, physical abuse or battery contains a wide range of activities. It could involve pushing, getting, scratching, slapping, reaching, punching, chocking, kicking, kneeing, sitting down and standing on, burning up, drowning, hair-pulling, arm-twisting, dangling by neck and forearms or legs, handcuffing, biting or throwing, tying up with rope, clawing or scratching, locking one from the home, traveling recklessly while is in the automobile, throwing objects, threatening to injure with weapons such as knife or a gun, abandoning in dangerous places, refusing to help when an example may be pregnant, hurt, or sick. There is absolutely no clear description of the criminal offense and the present laws need to be amended to provide for the offense. For purposes of this project domestic violence against women includes any act to any female or girl by a romantic partner that is physical in mother nature and more likely to cause her physical personal injury and harm which includes reaching, battering, shoving and pressing, kicking, chocking among others.

1. 1Background

The problem of domestic assault can be followed in the Kenyan traditional system which is patriarchal in character. Within the Kenyan traditional setting a man was named the head of the home hold and subsequently had power to chastise the partner and children. A female was regarded as a minimal being and was therefore submissive to the husband and in a few civilizations it was even any man. Some scholars did considerable research on domestic assault and their works have established that domestic assault is so rampant and is affecting many people's lives and therefore laws must be amended and new laws made. Violence against women is both a historical and ethnical phenomenon and possible which has permeated all industries of Kenyan contemporary society therefore of unequal treatment of men and women. This shows that the historic and ethnic aspects are the major pioneers of the problem. Wife conquering is fairly common in Kenya. The continuation of this practice maybe due to the fact that every routine of customary legislation in Kenya, grants husbands the to 'chastise' their wives for misconduct.

Under Kenyan customary laws only unjustified or abnormal beating by the man would be sufficient floor for divorce or for the better half to return to her family. Really the only reason that would cause a wife to come back would be abnormal beating; there is no provision in regards to what would amount to increased 'chastise'.

Violence against women is a manifestation of the historically unequal vitality relations between men and women which have resulted in domination over and discrimination against women by men and to the prevention of women's full progression. Violence against women throughout the lifecycle derives essentially from ethnic patterns in particular the harmful effects s of certain traditional or customary techniques and all acts of extremism associated with race sex words or religious beliefs that perpetuate the low status accorded to women in the family, the workplace, the community and society. Violence against women is exacerbated by cultural pressures, notably the shame of denouncing certain functions that have been perpetrated against women, failure to reform existing regulations, inadequate efforts for public authorities to promote awareness of and enforce existing laws and the absence of educational and other means to address the complexities and effects of assault.

Domestic assault is a popular problem in the whole country and affects women from all classes and era. Violence cuts across all classes of women in this country: abundant and poor, educated and illiterate, utilized and unemployed, in metropolitan and rural areas and in all ethnic communities. It generally does not therefore mean that it's a issue of a portion of women but it influences all. This escalates the magnitude since women tend to be than the men in this country. From your scholars we can appreciate that the challenge of domestic violence against women is widespread and it offers its origins from ethnical practice and would perhaps explain why it's so common.

The federal government made an attempt to address some of this problem in 1966 by establishing a percentage to work on regulations of relationship and divorce whose terms of guide included among other things the status of ladies in the culture the commission discovered that wife electric battery was important to the issue of position of ladies in the contemporary society. After analyzing it the commission rate proposed a monthly bill to criminalize better half battery but due to the dominated male parliament the invoice was declined and the parliament justified the practice of partner chastise as an inherent traditional right of your African man. A female that has been battered can only seek redress for assault provided for in section 250-253 of the penal code. In worse situations which result in loss of life the perpetrator of the crime is recharged with murder and mostly reduced to manslaughter which has a lighter word.

From then, ladies in human privileges organizations and in parliament have attempted making several expenses but none has succeeded up to now. Both major expenses on domestic assault against women were: nationwide council for gender development costs 1999 and domestic violence (family cover) expenses 1999. Here is a brief summary of what they entailed;

National council for gender development expenses 1999

This bill sought to determine a council to ensure gender mainstreaming in nationwide development policies, initiate legal reforms on issues affecting women, and formulate programs on gender development also to prepare studies on Kenya's international obligations regarding women among other things. In regards to to violence against women it might have pushed for Kenya's adherence to its international obligations to get rid of both discrimination and domestic assault against women.

Domestic assault (family protection) bill 1999

This bill desired to give the offer, enforcement and deviation of court orders for cover from domestic violence. In this monthly bill the definition of an spouse encompasses persons living together who might not necessarily be lawfully married ensuring that ladies in cohabitation situation are safeguarded from violence. The invoice also provides for issuance of coverage orders for subjects of domestic assault. From this we can easily see that Kenya has truly gone a long way to ensure domestic assault is reduced but still the parliament is dominated by male users who are not ready to make the required reforms.

Several reports have been conducted by organizations and individuals showing the seriousness of the issue. Relating to Kenya demographic and health study (KDHS) 2003, one out of every four women experience assault from husbands with 40% experiencing physical violence and 16% sexual violence. From this statistics it's clear that assault against women is more frequent than other type. Inside the innocenti absorb no. 6 of 2000 by UNICEF 20 TO 50% of women are battered atlanta divorce attorneys country worldwide 46% 0f 612 women surveyed in one region in Kenya reported of experiencing been beaten by a partner of those 58%reported that they were beaten often or sometimes. This statistics also show the explicitness of the problem and implies that it needs immediate attention.

1. 2 Research questions

A big question to consider would be why is domestic violence so prevalent? It really is clear that local violence is so rampant. This research will endeavor to establish why home assault against women is so prevalent

Is it because there is a lacuna in rules that brings about continued domestic violence against women? The research will seek to establish if the lacuna in legislation is the cause of domestic violence against women.

What can be done to benefit subjects of domestic assault as well as curb its use in the future? The research will have conclusive results and can make tips on the laws and regulations that require amends and new regulations that need to be proven to curb local assault against women.

1. 3 Presumptions

Domestic assault against women is prevalent as a result of lacuna in legislations.

The guy dominated parliament is the main cause of the lacuna in rules since the men still recognize customary law that allows for chastisement of women.

The constitution, to which all regulations are subject to permits use of customary law in civil cases.

1. 4 limitations in the study

I am limited and then take on the legal part yet this issue has both legal and sociable aspects. I am limited in research since am likely to manage mainly the Kenyan situation. Since you can find inadequacy in laws my research will be limited and then the few procedures in Kenyan laws which give the criminal offense impliedly.

1. 5 Research methodology

I use both primary and secondary data. Principal data will include issuing of questionnaires to the damaged people of the culture; I will make observations especially to the afflicted women. I intend to conduct interviews in various institutes like federation for women lawyers (FIDA), coalition on assault against women among others and people who may have specialist on domestic assault against women in Kenya especially the human privileges activists. Further I'll conduct interviews on the victims of domestic violence

Secondary sources include books and journals that have specialized on domestic violence against women, declarations, treaties, and the many statutes on substantive and procedural law, judicial regulators which cover for the criminal offense of domestic violence as assault, expenses of parliament that have been not approved into law and those which can be being debated on. The web may also be a major source of my research.

1. 6 Books review

Although various organizations and individuals have focused extensive attention and work on the subject of domestic violence against women, an in-depth review on the issue particularly coping with the situation in Kenya need to be done, this is principally so because most scholars seem to be to dwell more on the sociable aspect of the trouble rather than the legal aspect of it. Empathy and sympathy cannot solve the situation exclusively, legal mechanisms need to be put in place to eliminate this problem. There's also no clear ways on which the perpetrators of the criminal offenses are to be punished.

In its twelve-monthly studies of 1997 and 1998 FIDA (K) seen the current situation of women in Kenya in terms of family issues. Corresponding to them ladies in the privacy of these homes are put through shockingly savage works of violence which need to be addressed urgently. They have got however not provided for the specific laws to be amended and the new legislation to be enacted. They have got mainly dwelled on the interpersonal aspects and advice probably giving out the main aspect which is the legal aspect.

Dr. Jacinta Muteshi in her book mapping best practices promoting gender equality and the growth of Kenyan women highlights the problem of domestic violence however she's failed to draw out what constitutes to the crime of domestic violence against women. Without defining a crime it would be very difficult or even impossible to come up with the perpetrators and the punishment for the same.

In the e book Kenyan country gender profile domestic assault against women has been highlighted as issues that is both historical and social. The author tries showing the seriousness of the challenge yet its being taken too lightly. The writer has dwelled a lot on the public aspects and has not mentioned everywhere what could be done to amend the laws or to draft others. He hasn't highlighted the legal position of the offense which is very important if this issue of domestic violence against women is usually to be addressed.

In the Beijing declaration and the platform to use it. This journal provides mainly for the consequences of assault against women in a broader sense including situations of armed issue. The journal dwells a great deal on the sets of women who are vulnerable who include refugee women, women migrants, destitute women, the elderly, women with disabilities etc. the author did not placed into awareness the welfare of ladies in normal intimate connections who are affected silently. However the journal has many suggestions which can lessen or curb the challenge of domestic assault against women. The advice can only be helpful if they're integrated to Kenyan regulations.

In the reserve women of the world: regulations and policies impacting their reproductive lives the author portrays the situation to be customary structured so in retrospect it has strived mostly because the constitution of Kenya allow for use of customary regulations. The author does not seek to handle the situation in simple fact she just mentions the situation and leaves it at that.

The convention on the eradication of all forms of violence against women (COVAW) which is the most intensive instrument dealing specifically with the privileges of women is an international tool that Kenya is subject to. Although Kenya has ratified this device, its provisions are not applied in Kenyan courts in practice. The provisions are therefore not helpful in in any case unless the judiciary would apply its provision in our courts in practice.

Kenyan statutes which provide for the crime of domestic violence against women provides for use of customary legislation in Kenyan courts so long as they are not repugnant to justice and morality gives room for wide interpretation which could lead to tolerating the criminal offense to some extent. The penal code cap 63 laws of Kenya, provides for the crime of assault that shoulders local violence against women. This action should provide expressly for the criminal offense it is because many perpetrators get a light phrase or worse go free which makes it hard to curb the offense. The criminal procedure code cap 75 laws of Kenya which provides for the procedure of arrest, search and sentencing of a suspect. The procedure is sophisticated and complicated and has a whole lot of loopholes that lead to perpetrators to travel free. The civil technique act cover21 of the regulations of Kenya which provides for guidelines in seeking legal redress in civil court for settlement for serves of domestic assault against women. The rules provide for complex procedures that delay justice and cause many situations to be struck out on technical grounds. The data Ac t in areas 107-109 provide that the burden of proof is borne by the prosecution almost all of who are incompetent and its own male dominated leading to acquittal of perpetrators for insufficient evidence beyond fair doubt.

I however agree with the annual FIDA(K) accounts on the family issues impacting the lives of women. Their tips can only be useful only when they are put into law. The many international agreements have good provisions but can only be useful if they are included in the Kenyan laws to be utilized by the home courts.

1. 7 section breakdown

My research project will have four chapters which include;

Chapter 1: introduction

. This includes the sneak preview of the topic of domestic violence, the background, the hypothesis and targets of the study

Chapter 2: international requirements that are establish on the situation of local violence

This includes analyzing the various regulations especially the international benchmarks present that provide for domestic assault against women. Take a research study on circumstances where domestic violence has been provided for in the laws and regulations and done away with efficiently. Use and estimate works of philosophers who have shunned domestic violence against women.

Chapter 3: Kenyan situation

Here I am going to critically analyze the situation of domestic violence against ladies in Kenya, the magnitude of the condition and what has been done or what is being done to get rid of this issue.

Chapter 4: Recommendations

This will include various suggestions of amendments that need to be produced to eliminate the problem of domestic assault against women. The suggestions will be totally legal founded.

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