Research Directorate, Immigration and Refugee Board of Canada

1. Domestic Violence

According to the US Department of State's Country Reports on Human Rights Practices for 2023, authorities have cited domestic violence as the "leading cause of preventable, nonaccidental death for women" in Kenya (US 2024-04-22, 27). According to Freedom House, "rape and domestic violence remain common and are rarely prosecuted" (2024-02-29, Sec. G3). In correspondence with the Research Directorate, LVCT Health, a Nairobi-based NGO that delivers health programs to Kenyans in the areas of HIV, sexual health, maternal health, GBV, etc. (LVCT Health n.d.a), indicated that sexual violence and GBV is "widespread" in Kenya, with varying levels across different communities and regions (LVCT Health 2024-09-05).

The 2022 Kenya Demographic and Health Survey (KDHS) [1] interviewed 16,926 women and girls aged 15 to 49 as part of its module on GBV and found that 34 percent in this demographic have experienced physical violence since they were 15 (KNBS of Kenya & ICF 2023-01, 83, 84). The same source provides the following statistics on physical or sexual violence, experienced by women and girls ages 15 to 49:

Age	Percentage who have experienced sexual violence since age 15	Percentage who have experienced physical violence since age 15
15–19	7.2	19.5
20–24	11.3	29.0
25–29	13.1	36.9
30–39	15.2	40.2
40–49	17.5	41.7

Marital status	Percentage who have experienced sexual violence since age 15	Percentage who have experienced physical violence since age 15
Never been married and never had an intimate partner	3.0	12.3
Never been married and have had an intimate partner	12.3	25.2
Married/living together	12.9	37.0
Divorced/separated/widowed	26.5	58.4

(KNBS of Kenya & ICF 2023-01, 84, 88)

According to KDHS data, the perpetrator of the physical violence experienced by women and girls aged 15–49 who were "ever married" or who have had an intimate partner was most often their current husband or intimate partner (53.9 percent) followed by their former partner (34 percent); women who have never had an intimate partner experienced violence most often at the hands of their mothers/stepmothers (24.8 percent) and teachers (32.5 percent) (KNBS of Kenya & ICF 2023-01, 86).

An analysis of femicide cases reported in English-language Kenyan media sources conducted jointly by three organizations [2] found out that 75 percent of the 502 cases of murdered women between January 2016 and December 2023 were perpetrated by a person who knew the victim, i.e. an intimate partner, relative, or friend (ADH, et al. [2024-01]).

1.1 Societal Attitude

The statistics in the following paragraph were taken from Afrobarometer, a non-profit and "non-partisan" research network based in Ghana that conducts in-person surveys in countries throughout Africa on a two-to-three-year cycle (Afrobarometer n.d.):

Afrobarometer interviewed 2,400 Kenyans in late 2021 and found that

• 81 percent of those surveyed said men were "never justified" in using physical force against their wives;
• 69 percent of those surveyed felt domestic violence should be handled privately rather than as a criminal matter;
• 59 percent of those surveyed said that it is "somewhat likely" or "very likely" that a woman who reports rape, domestic violence, or other GBV will be "criticised, harassed, or shamed" by others in the community (2022-10-06, 2, 6).

As part of their report on access to justice for GBV survivors, the Centre for Rights Education and Awareness (CREAW), a Kenyan women's rights NGO (CREAW n.d.), and the Wangu Kanja Foundation (WKF), another Kenyan NGO that supports survivors of sexual violence (WKF n.d.), interviewed 45 service providers such as lawyers, police officers, health care providers, and judges, and 24 survivors of sexual or GBV, and found that survivors and their families are stigmatized by the community or their families, in addition to facing "reprisals" from both the community and perpetrators and losing their status in the community (CREAW & WKF [2022-05], 6, 30).

US Country Reports 2023 notes that "human rights groups" indicate that legislation that criminalizes sexual assault was not enforced "effectively" by the government, "especially in poor or rural areas," and individuals "frequently" turned to traditional dispute resolution mechanisms (2024-04-22, 26). In an interview with the Research Directorate, a research fellow at the London School of Hygiene and Tropical Medicine whose research on public health has included GBV in Kenya mentioned that women who experience gender-based or domestic violence in Kenya are told by their families to "endure" the situation and could be "stigmatized" by their community which "might lack an understanding" of their psychological needs (Research Fellow 2024-08-27).

2. Legislation

A report on violence against women and girls in Kenya by a coalition of three Dutch children's rights NGOs, provides the following table summarizing the Kenyan national legal framework related to GBV:

Statute	Summary
The Sexual Offenses Act, 2006	Section Three provides specific protections against rape; Section Five provides protection and remedies against sexual assault; Section Six against indecent sexual acts; section 12 prohibits sexual acts with a child, section 13-18 protects against child trafficking, child sex tourism, child prostitution, child pornography, child exploitation, and prostitution. Section 23 provides for employee protection against sexual harassment.
HIV & AIDS Prevention and Control Act	Prohibits deliberate employment discrimination for all genders based on HIV status.
Counter Trafficking in Persons Act, 2010	Provides mechanisms for preventing, suppressing and Punishing Trafficking in Persons, Especially Women and Children.
The Children Act, 2001	Expressly provides for the duty of care for children, protection against child labour, child marriage, and thus should be adopted and implemented by private and public sector companies.
Prohibition of Female Genital Mutilation Act 2011	Prohibits the practice of Female Genital Mutilation [(FGM)] and safeguards against violation of a person's mental or physical integrity.
The Protection Against Domestic Violence Act, 2015	Section Three (a) provides protection against child marriage; young women and girls' FGM; girls' forced marriage; forced wife inheritance; protection and remedies for young women and girls against sexual violence within marriage, virginity testing, and widow cleansing.

(Plan Netherlands, et al. 2019-04-09, ix, 32, italics added)

According to the report by CREAW and WKF, the Protection Against Domestic Violence Act, No. 2 of 2015 includes Kenya's "most comprehensive definition of violence," which models the definition of violence provided by the WHO ([2022-05], 9).

2.1 The Protection Against Domestic Violence Act, No. 2 of 2015 (PADVA)

The PADVA, a parliamentary act to "provide for the protection and relief of victims of domestic violence" and "the protection of a spouse and any children or other dependent persons" (Kenya 2015, preamble), stipulates the following:

3. Meaning of domestic violence.

In this Act, "violence" means—

1. abuse that includes—
   
   1. child marriage;
   2. female genital mutilation;
   3. forced marriage;
   4. forced wife inheritance;
   5. interference from in-laws;
   6. sexual violence within marriage;
   7. virginity testing; and
   8. widow cleansing;
2. damage to property;
3. defilement;
4. depriving the applicant of or hindering the applicant from access to or a reasonable share of the facilities associated with the applicant's place of residence;
5. economic abuse;
6. emotional or psychological abuse;
7. forcible entry into the applicant's residence where the parties do not share the same residence;
8. harassment;
9. incest;
10. intimidation;
11. physical abuse;
12. sexual abuse;
13. stalking;
14. verbal abuse; or
15. any other conduct against a person, where such conduct harms or may cause imminent harm to the safety, health, or well-being of the person.

(2) "Domestic violence", in relation to any person, means violence against that person, or 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. person with whom that person is, or has been, in a domestic relationship. (Kenya 2015, Sec. 3, bold in original)

The PADVA also provides the following on the duties of the police regarding domestic violence:

6. Duties of police officers in relation to domestic violence.

(1) A person to whom a complaint of domestic violence is made or who investigates any such complaint shall—

1. advise the complainant of all relief measures available to the complainant, including access to shelter, medical assistance or they shall assist the complainant in any other suitable way; and
2. advise the complainant of the complainant’s right to apply for relief under this Act and how the complainant may lodge a criminal complaint.

(2) Where the complainant so desires, the person to whom the complainant makes a statement may be a person of the same sex as the complainant.

… (Kenya 2015, Sec. 6, bold in original)

Regarding protection orders, the PADVA provides the following:

8. Application for protection order.

(1) A person who is in a domestic relationship with another person may apply to the Court for a protection order in respect of that other person.

…

19.Contents of protection order.

(1) A protection order may direct that a respondent shall not do any one or more of the following—

1. physically or sexually abuse or threaten to abuse the protected person;
2. damage, or threaten to damage, any property of the protected person;
3. engage, or threaten to engage, in behaviour including intimidation or harassment, which amounts to psychological abuse of the protected person;
4. encourage any person to engage in behaviour against the protected person where the behaviour, if engaged in by the respondent would be prohibited by the order;
5. engage, or threaten to engage, in behaviour including intimidation, harassment or stalking which amounts to emotional, verbal or psychological abuse of the protected person;
6. engage, or threaten to engage, in economic abuse of the protected person; or
7. engage, or threaten to engage, in cultural or customary rites or practices that abuse the protected person.

…

21. Duration of protection order.

A protection order shall remain in force for such period as may be specified by the court and may be reviewed, from time to time, depending on the circumstances.

22. Breach of protection order.

A respondent who has been served with a copy of a protection order and who contravenes the order in any respect, commits an offence and is liable to a fine not exceeding one hundred thousand shillings [C$1,160], or to imprisonment for a period not exceeding twelve months, or to both.

23. Arrest for breach of protection order.

(1) A police officer may, without warrant, if he or she believes on reasonable ground that any person has committed an offence under section 22, arrest and detain the person.

(2) Without limiting the provisions of subsection (1), in exercising the powers conferred by that subsection, a police officer shall take into account—

1. the risk to the safety of the protected person or property;
2. the seriousness of the act that constitutes a breach; and
3. the time that has lapsed since the alleged breach was committed. (Kenya 2015, Sec. 8, 19, 21–23, bold in original)

The PADVA also provides the following information regarding support and compensation for survivors:

14. Counselling.

(1) The Court may, taking into account the circumstances of each case, direct the parties to participate in counselling and conciliation programmes or any other programme that is acceptable to the Court.

…

32. Compensation.

(1) Where a victim of domestic violence suffers personal injuries or damage to property or financial loss as a result of the domestic violence, the court hearing a claim for compensation may award such compensation in respect of the injury or damage or loss as it deems just and reasonable.

… (Kenya 2015, Sec. 14, 32, bold in original)

2.2 Marital Rape

Sources indicate that marital rape is not ["explicitly" (US 2024-04-22, 26)] criminalized under Kenyan laws (CREAW & WKF [2022-05]; ICJ 2023-12-13; US 2024-04-22, 26). According to an article by the Kenyan chapter of the International Commission of Jurists (ICJ), an NGO working to defend human rights and the rule of law worldwide (ICJ n.d.), section 43(5) of the Sexual Offences Act of 2006 provides an "exemption" for marital rape (ICJ 2023-12-13).

The Sexual Offences Act provides the following:

43. Intentional and unlawful acts

(1) An act is intentional and unlawful if it is committed—

1. in any coercive circumstance;
2. under false pretences or by fraudulent means; or
3. in respect of a person who is incapable of appreciating the nature of an act which causes the offence.
4. …

(5) This section shall not apply in respect of persons who are lawfully married to each other. (Kenya 2006)

2.3 Implementation of Legislation on Domestic Violence

US Country Reports 2023 states that while rape, statutory rape, and domestic violence are criminalized, enforcement remained "limited" (US 2024-04-22, 26). According to the Research Fellow, there remains a "massive gap in the effective implementation of such laws in Kenya," despite the country having a "strong legal framework" to protect women from gender-based and domestic violence (2024-08-27). According to activists interviewed for an Al Jazeera article, government policies are "scarcely effective" (2024-01-27). The Research Fellow added that cases of gender and domestic violence are often solved through traditional dispute resolution mechanisms with family elders or tribal leaders, and not through the judicial system (2024-08-27).

3. Attitude of Authorities

According to CREAW and WKF, "[m]any survivors feel humiliated" when being interviewed after reporting sexual violence incidents at police stations or at "some gender desks" ([2022-05], 33). The same source adds that GBV survivors "face re-traumatization" in health care environments if they are not "immediately" treated or are passed between doctors (CREAW & WKF [2022-05], 33). The same source also states that "GBV survivors, witnesses, and families face many threats and intimidation from the perpetrators and other interested parties, including the administration (chiefs and police), to ensure that they do not give evidence" (CREAW & WKF [2022-05], 33).

According to LVCT Health, ethnicity and social class do not affect the treatment of survivors by authorities, but sexual orientation, gender identity and expression and sex characteristics do, with "marginalised" populations having "limited access" to protection services and to "equitable treatment" within the justice system as legislations do not recognize their identities and experiences (2024-09-05). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. State Protection

During an August 2024 review of Kenya's compliance with the International Covenant on Civil and Political Rights, the UN Human Rights Committee found that there was

a lack of efforts to address harmful cultural practices, including wife inheritance and ritual cleansing; the lack of reparations for women victims of sexual violence in the context of the 2017 elections; the failure to criminalise marital rape; gaps in access to essential services for victims of violence; the lack of resources for safe houses for victims; and a lack of data on violence against minority women. (UN 2024-07-17)

According to the survivors interviewed in the CREAW and WKF report, the services offered by police were "too slow" ([2022-05], 33). Citing NGOs, US Country Reports 2023 notes that

reported arrests and prosecutions of sexual violence cases were low, even in cases in which survivors identified perpetrators, due to limited police resources to conduct investigations, insufficient evidence collection and handling mechanisms, and lengthy court proceedings, making it difficult and expensive for survivors to pursue cases. (2024-04-22, 27)

The CREAW and WKF report adds that "in some cases, the police ask the survivors to arrest the perpetrator or seek money to arrest the perpetrator" ([2022-05], 33). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the same report, police stations with gender desks may have police officers who are "well trained in GBV," however, these desks are not present in all counties and survivors face "challenges" when reporting a GBV case, including the following:

• "Insensitive/negative attitude of police officers"
• "Slow or no action taken by the police"
• "Lack of resources by police"
• "Lack of trained and committed officer at gender desks"
• "Lack of gender desk, ineffective and deplorable gender desks"
• "Corruption at police stations"
• "Poor handling of evidence" (CREAW & WKF [2022-05], 35, 36).

The Associated Press (AP), citing rights activists in Kenya, indicates that gender desks were not functional and that some officers request victims pay a bribe before they will take action (2024-03-09). According to the Research Fellow, the judicial system, police, and gender desks have "failed" to protect victims and survivors of gender or domestic violence due to scarcity of resources and "corruption" of police (2024-08-27).

According to CREAW and WKF, investigating officers "lack" the equipment and capacity to collect, transport, store, analyze, and document evidence of sexual and gender-based violence (SGBV) cases, including cases that involve persons with disabilities or children ([2022-05], 37). The same source mentions that forensic evidence of sexual violence cases is collected by health practitioners, investigators, and in some cases, community or family members who do not possess the knowledge to deal with such evidence to prevent it from tampering, destruction, compromise, or loss (CREAW & WKF [2022-05], 38). The same source adds that forensic evidence could face:

• "Delayed collection"
• "Corruption and compromise in medical report," or, in the case of private hospitals, challenge of the report by legal defence
• "Cost of documentation" born by survivors
• "Lack of Forensic labs"
• "Production of evidence in court" as "some" courts do not accept testimony from medical practitioners and not all doctors accept to attend court.
• "Inadequate resources" including human and financial resources
• "Limited communication" between the police, forensic or government analyst, and medical personnel (CREAW & WKF [2022-05], 38).

An article published by Kenya's Judiciary indicates that as of June 2023 there were two courts which specialized in the processing of SGBV cases (Kenya 2023-06-18). According to a March 2024 article by the Kenya chapter of the ICJ, 11 SGBV courts have been established (ICJ 2024-03-30). The same source indicates that support services, including counselling and medical assistance, are centralized at these courts for survivors to access (ICJ 2024-03-30). A May 2024 article in Capital News, a Kenyan news website affiliated with the Capital FM radio station, indicates that there are 12 SGBV courts in Kenya, in the following locations: Shanzu, Mombasa; Siaya; Kisumu; Kibera; Makadara; Meru; Nakuru; Kiambu; Machakos; Kisii; Kitale; and Kakamega (2024-05-23). The same source indicates that the Chief Justice Martha Koome endorsed renaming these courts to Gender Justice Courts (Capital News 2024-05-23). Further information on the SGBV courts could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the BBC, "most perpetrators go unpunished" despite the "robust" Kenyan legal framework against gender-based violence, and when prosecutions are brought before the court, they "often" last "for years" there (2024-01-27). According to a report on the delays in the judicial system for survivors of SGBV by the Coalition on Violence Against Women (COVAW), a Kenyan non-profit women's rights organization with a focus on access to justice, out of a total of 3,791 Sexual Offences Act cases filed in seven "court stations" from 2017 to 2020, less than 50 percent had been concluded as of November 2021 in four out of the seven court stations that were studied (COVAW 2022, 1, 15, 38).

According to Nation, a news website covering Kenya, Uganda, Tanzania, and other African countries, Kenyan police launched Policare centres to provide survivors with protection, medical, psychosocial, and legal professionals in one location to "increase victim safety and perpetrator accountability" (2023-06-30). The same source adds that the first Policare centre was established in 2021 in the city of Nanyuki and remains the "only" operational centre, with a "referral" centre in Nairobi (2023-06-30).

4.1 Protection Orders

Sources indicate that, following an application, protection orders can be made "without notice" and outside ordinary court working hours (CREAW & WKF [2022-05], 19; Baker McKenzie n.d.a, para. 4.1.7). According to CREAW and WKF, protection orders "can be applied by any of the following persons on behalf of the survivor" including by "the police, social welfare officer, guardian of a child, a relative, neighbour of the applicant, a medical practitioner, a counsellor, a non-governmental organization concerned with the welfare of victims of domestic violence, community leaders or even religious leader" ([2022-05], 19). According to the Fighting Domestic Violence tool [3], a comparative law tool developed by Baker McKenzie, an international law firm that provides business law services (Baker McKenzie n.d.b), the following people can apply for a protection order:

• a person who is in a domestic relationship with another person
• a representative on behalf of a child, for example, a parent, guardian or other relative, a police or probation officer, or any other person with the leave of the court
• a representative on behalf of an eligible person who lacks the capacity to apply on their own behalf (and is not a child). (Baker McKenzie n.d.a, para. 4.1.2, references omitted)

4.1.1 The Protection Against Domestic Violence Rules, 2020

According to LVCT Health, Kenya adopted the Protection Against Domestic Violence Rules in 2020 as implementation guidelines for the Protection Against Domestic Violence Act (2024-09-05). The same source added that the Rules now direct survivors to report cases of domestic violence to the police and identifies "duty bearers" who are responsible for applying for protection orders on behalf of the survivor (LVCT Health 2024-09-05).

The Protection Against Domestic Violence Rules, 2020 provide the following regarding orders of protection:

Filing a complaint.

2. (1) A person who suspects that an act of domestic violence is being or has been committed may complain to a police officer or any other person in authority in Form PADV 1 set out in the Schedule.

…

(3) The person to whom a complaint is made shall assist the complainant or the victim or, where the victim is a child or physically, mentally, intellectually or sensory challenged person, the parent or guardian of the child or such challenged person, to apply for an order of protection.

Application for an order of protection.

…

3. …

(2) A complainant may authorize his or her representative to apply for an order of protection on his or her behalf in Form PADV 3 set out in the Schedule.

…

(4) The Court shall set down the matter for mention for directions within seven days of service of the reply by the respondent, at which time the Court shall address the following issues—

1. joinder of parties;
2. consolidation of applications;
3. filing further documents;
4. settlement on issues for determination;
5. mode of hearing; and
6. fixing of a hearing date.

(5) An application for an order of protection shall be supported by an affidavit and where the application is brought by the complainant's representative, the affidavit shall set out—

1. the relationship between the representative and the complainant;
2. the capacity in which the representative makes the application;
3. age of the complainant if the complainant is a child;
4. nature of the complainant's disability, if any; and
5. the facts that the representative is relying on to support the application.

…

Consideration in making orders of protection.

6. In determining whether to grant an order of protection, the Court may, subject to section 12 (1) of the Act, take the following into consideration—

1. any violence inflicted by the respondent on the applicant or by the applicant on the respondent;
2. where the applicant and respondent have dependants, any violence inflicted on the dependents by either the respondent or applicant;
3. whether or not the respondent or applicant has been convicted of an offence that involves violence or the threat of violence;
4. the age and state of health of the applicant, respondent or any dependent;
5. the applicant's or respondent’s perception of the risk to his or her safety or welfare due to the behaviour of the other party;
6. any evidence of deterioration in the physical, psychological or emotional wellbeing of the applicant or any dependent that has been directly caused by fear of the behaviour of the other party;
7. any incidences of substance abuse, including abuse of alcohol, by the respondent, applicant or a dependant; and
8. any other matter which appears to the Court to be relevant to the safety or welfare of the applicant, the respondent or any dependant.

Interim orders of protection.

7. (1) The Court, upon receipt of an ex parte application for interim protection orders, if satisfied by examining the evidence submitted that the respondent has committed, is committing or threatening to commit or abet an act of domestic violence, may issue an interim order of protection against the respondent.

(2) Where the Court grants an ex parte interim order of protection, the applicant, or enforcement officer as may be directed by the Court in the order, shall, within seven days from the date of issuance, serve the order on the respondent and any other person against whom the order is issued. (Kenya 2020, bold and italics in original)

4.2 Reporting Domestic Violence

According to Afrobarometer, despite its legal classification as a crime, domestic violence "often" goes unreported and unresolved even if the perpetrator is "usually known" due to the "complexity of family relations" (2022-10-06). The same source found that 79 percent of surveyed Kenyans consider it "somewhat likely" or "very likely" that police would take GBV cases seriously (Afrobarometer 2022-10-06). According to the same source, women and girls may be "discourage[d]" from reporting GBV incidents due "[s]tigmatisation" (Afrobarometer 2022-10-06). According to the CREAW & WKF report, the enforcement and implementation of the laws on sexual and gender based violence is "weak" ([2022-05], 30). The same source adds that the trauma and not knowing how to get help leads to "many" survivors not reporting GBV cases (CREAW & WKF [2022-05], 34).

According to the Research Fellow, survivors might be concerned about their physical safety from the authorities or the perpetrators if they file a complaint, especially if the perpetrators are wealthy or well connected (2024-08-27). According to LVCT Health, the reporting of gender and domestic violence is impacted by factors such as "corruption" and bureaucratic delays which exposes survivors to "stigma and discrimination" (2024-09-05). The same source added that "prolonged waiting time and a general lack of responsiveness" by police officers can exacerbated the post-traumatic impact on the survivors (LVCT Health 2024-09-05). The Research Fellow further noted that there are "alarming rates" of police dismissing gender or domestic violence cases, "stigmatizing and revictimizing" survivors who "might even face assault or exploitation" at the hands of the police (2024-08-27). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Support Services

According to the CREAW and WKF report, there is a lack of psychological and counselling services for GBV survivors but such services are available through NGOs for free or at a cost in some hospitals ([2022-05], 34). According to the UN Entity for Gender Equality and the Empowerment of Women (UN Women), "the vast majority" of the country's shelters are run by human rights defenders and NGOs (UN 2023-06-21). A report by Generation Equality Forum (GEF), a UN Women initiative that promotes gender equality (UN n.d.), indicates that there were 54 "private shelters and rescue centres" that operated in 18 [out of 47] counties in Kenya, with 2 managed by the government (UN 2023-06-21).

UN Women indicates that there is an "urgent" need for shelters and safe spaces for survivors of GBV (UN 2023-06-21). According to UN Women, privately run shelters provide temporary housing, counseling, legal support and skills training for survivors (UN 2023-06-21). According to Population Services Kenya (PS Kenya), a Kenyan company that works with the private sector to market and implement health programs through "social [and] behavior change, social marketing [and] franchising organization" (PS Kenya n.d.), the existing shelters face "financial constraints, limited space, and a lack of resources and human capital to effectively provide services" (2024-05-27). The same source adds that "[m]any shelters are overcrowded and struggling to sustain operations without adequate support from state agencies, county, and national governments" (PS Kenya 2024-05-27).

According to a press release by Physicians for Human Rights (PHR), "an international organization focused on health and human rights" (PHR n.d.), about a report co-written with the Survivors of Sexual Violence Network in Kenya (SSVKenya), a network convened by the WKF, "[o]ften], survivors do not seek medical and psychological care or pursue justice and accountability due to factors such as safety concerns, stigma, and lack of services," physical access, cost, and "high volumes of patients" (PHR 2023-06-05).

According to the Kenyan Ministry of Gender, Culture, the Arts and Heritage, the government has partnered with non-state actors in "supporting" seven free hotline that "ensure appropriate referrals" for GBV survivors (Kenya n.d.).

According to the Research Fellow, Kenya is interconnected through social, ethnic and familial networks which makes it very difficult for survivors of gender or domestic violence to relocate and have a fresh start (2024-08-27). The same source added that poverty is a factor that makes survivors more vulnerable to exploitation and human trafficking if they relocate to urban areas, despite having better access to services (Research Fellow 2024-08-27).

5.1 Nairobi

According to the Research Fellow, public shelters or "safe houses" for survivors "do not exist" in Nairobi; some private organizations are "supposed" to receive government support, but that support is "largely lacking" (2024-08-27). The same source noted that NGOs and charities that deal with gender and domestic violence are "strong" and present in Kenya despite being "few" and unable to offer prompt services to everyone (Research Fellow 2024-08-27). The Gender Violence Recovery Centre (GVRC), a "charitable trust of the Nairobi Women's Hospital", indicates on its website that it provides free medical treatment and psychosocial support to GBV survivors (GVRC n.d.a). The same source notes that it treats an average of 3,600 GBV survivors annually (GVRC n.d.b). Médecins sans frontières (MSF) indicates that it runs a 24-hour clinic for survivors in the Mathare area of Nairobi (2022-03-08). On its website, LVCT Health indicates that it provides medical and psychological support to survivors of GBV in addition to referrals to legal resources (n.d.b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The 2022 Kenya Demographic and Health Survey (KDHS) was implemented by the Kenya National Bureau of Statistics (KNBS) in partnership with the Ministry of Health and other partners, with assistance from ICF, an organization that manages the DHS Program, a US Agency for International Development (USAID)-funded project that implements "population and health surveys" worldwide (KNBS of Kenya & ICF 2023-01, ii). The survey data was collected between 17 February and 13 July 2022 (KNBS of Kenya & ICF 2023-01, 7).

[2] The Femicide Database was created by Africa Data Hub (ADH), Odipo Dev, and Africa Uncensored in 2024 and includes femicide cases reported by the media, and which align with the UN Office on Drugs and Crime (UNODC) criteria for identifying the "gender-motivated murder of women" (ADH, et al. [2024-01]). The ADH is a "collective" of data organizations active in three African countries that aims to provide journalists with up-to-date data (ADH n.d.). Odipo Dev is a data journalism and market research company based in Nairobi (Odipo Dev n.d.). Africa Uncensored is an "independent" investigative media company based in Nairobi (Africa Uncensored n.d.).

[3] The Fighting Domestic Violence law tool provides rapid analysis of various countries' national legislation on domestic violence (Baker McKenzie n.d.c).

References

Africa Data Hub (ADH). N.d. "About ADH." [Accessed 2024-09-04]

Africa Data Hub (ADH), Odipo Dev & Africa Uncensored. [2024-01]. "Silencing Women." [Accessed 2024-09-04]

Africa Uncensored. N.d. "About." [Accessed 2024-10-02]

Afrobarometer. 2022-10-06. Mercy Kaburu & Alfred Kwadzo Torsu. "Most Kenyans See Domestic Violence as a Private Rather than Criminal Matter." [Accessed 2024-08-12]

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Al Jazeera. 2024-01-27. Shola Lawal. "Femicide in Kenya: What's Causing an Epidemic of Violence Against Women?" [Accessed 2024-09-04]

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Additional Sources Consulted

Oral sources: Assistant professor at a university in the US whose research focuses on sexual and gender violence; assistant professor at a university in the US who specializes in social gender-based and intimate partner violence; associate professor at a university in the UK who specializes in health systems and policy and GBV; associate professor at a university in the US who specializes in gender-based and intimate partner violence and women empowerment issues; Gender Violence Recovery Centre; International Center for Research on Women; International Federation of Women Lawyers; Kenya – National Commission on Human Rights; professor at a university in Ghana who specializes in African and gender studies; professor at a university in Kenya who specializes in public health; professor at a university in South Africa who specializes in race, gender and sexuality and gendered violence; professor at a university in the US whose work focuses on gender, race, reproductive health, and social justice; professor of sociology at a university in the US who has worked on intimate partner violence and gender relationships in Kenya.

Internet sites, including: African Commission on Human and Peoples' Rights; The African Women's Development Fund; AllAfrica; Australia – Department of Foreign Affairs and Trade; Bertelsmann Stiftung; The Brookings Institution; Center for Strategic and International Studies; Community Advocacy and Awareness Trust; Cooperative for Assistance and Relief Everywhere Kenya; The EastAfrican; Factiva; The Guardian; Institute for War and Peace Reporting; International Crisis Group; International Federation of Women Lawyers; International Rescue Committee; Kenya – Ministry of East African Community, Arid and Semi-Arid Lands, and Regional Development, National Commission on Human Rights, National Gender and Equality Commission, Office of the Attorney General and Department of Justice; Minority Rights Group International; Pulitzer Center; Single Mothers Association of Kenya; The Standard; Transparency International; UK – Home Office; UN – Refworld, UNDP, UNHCR, WHO; Wilson Center; World Bank.