Research Directorate, Immigration and Refugee Board of Canada

1. Overview and Statistics

According to the US Department of State's Country Reports on Human Rights Practices for 2020, domestic violence is the "leading cause of preventable, nonaccidental death for women" in Kenya (US 30 Mar. 2021, 38). A March 2021 statement released by the Centre for Rights Education and Awareness (CREAW), a "national," "feminist" women’s rights NGO in Kenya (CREAW n.d.), indicates that "[a]s many as seven in ten women in various parts of the country report having experienced physical and/or sexual violence at some point in their lifetime, most of them at the hands of intimate partners" (CREAW 19 Mar. 2021).

In total, 5,657 women ages 15–49 (4,023 "ever-married" women) and 4,962 men ages 15–54 (2,890 ever-married men) filled out the "domestic violence module" of the latest Kenya Demographic and Health Survey (KDHS), which was conducted in 2014 [1] (KNBS of Kenya and ICF International Dec. 2015, ii, 293). The KDHS provides the following statistics on individuals ages 15–49 who have experienced physical violence disaggregated by gender and marital status:

	Never married	Married or living together	Divorced, separated or widowed	Overall
Women (percent)	Men (percent)	Women (percent)	Men (percent)	Women (percent)	Men (percent)	Women (percent)	Men (percent)
Since age 15	31.7	42.5	47.2	43.8	64.3	57.7	44.8	44.0
In 12 months prior to survey	11.6	14.6	23.7	8.2	24.5	18.4	20.3	11.1

(KNBS of Kenya and ICF International Dec. 2015, 294, 295)

The same source adds the following:

[A]lthough the percentages of women and men who report experiencing physical violence since age 15 are very similar, the persons perpetrating the violence differs greatly by gender for ever-married respondents.

Among ever-married women, the most commonly reported perpetrator of physical violence is the current husband or partner (57 percent) followed by the former husband/partner (24 percent). By contrast, among ever-married men, the most common perpetrators are those in the "other" category (46 percent), followed by teachers (29 percent). Only about 1 in 10 men who have experienced physical violence since age 15 mention their current spouse as a perpetrator of physical violence. (KNBS of Kenya and ICF International Dec. 2015, 296)

The KDHS provides the following statistics on individuals ages 15–49 who have experienced sexual violence, disaggregated by gender and marital status:

	Never married	Married or living together	Divorced, separated or widowed	Overall
Women (percent)	Men (percent)	Women (percent)	Men (percent)	Women (percent)	Men (percent)	Women (percent)	Men (percent)
Ever	6.1	2.5	15.2	7.7	28.2	17.2	14.1	5.9
In 12 months prior to survey	1.7	0.5	10.0	3.5	11.7	6.6	7.8	2.3

(KNBS of Kenya and ICF International Dec. 2015, 298, 299)

The same source stated the following:

Among ever-married women and men, the most commonly reported perpetrators of sexual violence are current spouses/partners (55 percent and 37 percent, respectively) and former spouses/partners (28 percent and 25 percent, respectively). (KNBS of Kenya and ICF International Dec. 2015, 300)

On the topic of spousal violence more broadly, the KDHS stated the following:

Overall, 39 percent of ever-married women and 9 percent of men age 15–49 report having experienced spousal physical or sexual violence. Among women and men who have ever experienced spousal violence (physical or sexual), 39 percent and 24 percent, respectively, reported experiencing physical injuries. (KNBS of Kenya and ICF International Dec. 2015, xxiv)

The same source provides the following information regarding spousal violence experienced by women:

37 percent of ever-married women reported ever experiencing physical violence committed by their current or most recent husband or partner, 13 percent reported sexual violence, and 32 percent reported emotional violence. About 4 in 10 ever-married women (39 percent) have experienced physical and/or sexual violence, and slightly less than half (47 percent) have experienced at least one of the three forms of spousal violence.

…

Overall, 38 percent of ever-married women have experienced physical violence by any husband ever and 14 percent have experienced sexual violence and 41 percent have experienced physical or sexual violence. (KNBS of Kenya and ICF International Dec. 2015, 306, 307)

The same source also provides the following information regarding spousal violence experienced by men:

[A]mong ever-married men, 7 percent reported ever experiencing physical violence by their current or most recent wife or partner, 4 percent reported sexual violence, and 21 percent reported emotional violence. About 1 in 10 men (9 percent) have ever experienced physical and/or sexual violence, and about 1 in 4 (24 percent) have experienced at least one of the three forms of spousal violence by their current or most recent wife or partner.

…

Five percent of ever-married men reported experiencing spousal physical violence in the past 12 months, with 1 percent having experienced it often. Three percent reported having experienced spousal sexual violence in the past 12 months (1 percent often). In addition, 15 percent of men reported emotional violence in the past 12 months (4 percent often). Overall, 18 percent of ever-married men have experienced at least one of the three forms of spousal violence by their current or most recent wife or partner in the past year.

About 1 in 10 men (11 percent) reported having ever experienced physical and/or sexual violence by any current or former wife or partner. (KNBS of Kenya and ICF International Dec. 2015, 308–309)

Similarly, a report on gender-based violence (GBV) in Nyeri County by CREAW, based on interviews with representatives of women's groups and the police, as well as cultural and religious leaders and government officials, states that

[w]hile Nyeri County has been on the receiving end of negative press depicting women as the main perpetrators of intimate partner violence, especially [on] the domestic front, in comparison to other [c]ounties in Kenya, interviews with both law enforcement agents and the community members[ ]revealed that women continue to suffer disproportionately in the hands of their male partners both at home and in social places. (CREAW Oct. 2019a, 4, 9–10, footnote omitted)

Another CREAW report with similar methodology in Kitui County, found that "[v]iolence against women (mainly wife battering) and defilement of children both at home and in learning institutions stick out as significantly rampant forms of GBV" (CREAW Oct. 2019b, 3, 8). The Meru County Policy on Sexual and Gender Based Violence published in 2019 by the Meru County Government cites statistics from Kenya's National Crime Research Centre (NCRC) as indicating that women in Meru County "have a 65% chance of experiencing GBV from an intimate partner in their lifetime" (Meru 2019, 16). A study conducted by the Danish Institute Against Torture (DIGNITY) and Midrift Human Rights Network (MIDRIFT HURINET) [2] in two informal settlements in Nakuru County indicates that out of a total of 301 female survey respondents,

a majority (61.8%) of women reported at least one type of physical violence from their husbands (with or without psychological violence); the most common forms were being slapped, pushed, or forced to have sexual intercourse. Of the participants who reported no physical violence, 16.3% reported psychological abuse from their husbands (without any physical violence) including insults, intimidation, and threats. (DIGNITY and MIDRIFT HURINET 2020, 16)

According to an article by teleSUR, a Latin American multimedia platform (teleSUR n.d.), "at least 14 women" were murdered by their romantic partners in Kenya from January to May 2019 (teleSUR 3 May 2019). A report on intimate partner violence (IPV) by Kenya's NCRC indicates that, based on media sources compiled by the Counting Dead Women Kenya Facebook site, which was then verified by the NCRC, 47 women and 3 men were killed by "current or ex-partners" in 2019 (Kenya 2020a, 1).

1.1 COVID-19 Pandemic and Sexual and Domestic Violence

Sources state that during the COVID-19 pandemic, cases of domestic violence in Kenya have increased "significantly" (UN 11 May 2021, para. 18(d)) or "drastically" (COVAW 27 Apr. 2020). The National Council on the Administration of Justice (NCAJ), a "high-level policymaking, implementation and oversight coordinating mechanism" that aims to "ensure a coordinated, efficient, effective and consultative approach in the administration of justice and reform of the justice system" (NCAJ n.d.), released a statement in April 2020 that provides the following information:

There has been a significant spike in [s]exual [o]ffences in many parts of the country in the past two weeks. These offences constitute 35.8 percent of the criminal matters reported during that period. In some cases, the perpetrators of such offences are close relatives, guardians and/or persons living with the victims. (NCAJ 1 Apr. 2020, iv)

LVCT Health, an organization that delivers GBV and other health programs to "vulnerable and marginalized populations in Kenya," indicates that 793 adolescent girls and young women participating in LVCT Health programs reported cases of violence between 16 March and 6 May 2020, and that during this time, 1 in 20 of participating girls and women experienced sexual violence, "[a]bout" 1 in 5 reported IPV, "[a]bout" 1 in 2 experienced emotional violence, and "[a]bout" 2 in 5 reported physical violence (LVCT Health May 2020, 1–2). LVCT Health also notes that there has been an "observed shift in the type of perpetrators from those within the community" to "family members, partners, and neighbors" (LVCT Health May 2020, 2). A report on GBV during COVID-19 by the NCRC indicates that the number of GBV cases between January and June 2020 increased by 92.2 percent, when compared with those recorded between January and December 2019 (Kenya 2020b, 1). The same report notes that the main perpetrators were males between 18 and 33 years of age in a "family and/or intimate partner relationship context" (Kenya 2020b, 2).

According to the Coalition on Violence Against Women (COVAW), a "Kenyan not-for-profit women’s rights organization" (COVAW n.d.), cases of domestic violence and IPV during the COVID-19 pandemic are "compounded by the challenges of victims' inability to access essential services," including healthcare, police, and other support services, which are "overwhelmed" by COVID-19 (COVAW 27 Apr. 2020). A July 2020 report on the effects of COVID-19 on sexual and gender-based violence (SGBV) in Kenya by Heather Flowe et al., a group of researchers at the University of Birmingham in the UK (University of Birmingham 29 July 2020), indicates that "women and girls are suffering increased violence as well as diminished access to protection services" (Flowe, et al. July 2020, 7). A January 2021 article by CREAW notes that with the "raging cases of COVID-19 pushing households into economic slumps," women who are "'locked' [in] with their abusers" are "finding it difficult" to seek safety, and access their support networks and resources (CREAW 26 Jan. 2021).

1.2 Children and Sexual and Domestic Violence

US Country Reports 2020 states that violence against children was common, "particularly in poor and rural communities," and child abuse, including sexual abuse, "occurred frequently" (US 30 Mar. 2021, 41). According to the 2019 Violence Against Children Survey (VACS) conducted by Kenya's Ministry of Labour and Social Protection in partnership with the KNBS, among female survivors of childhood sexual violence, 62.6 percent experienced "multiple incidents" before age 18, and 1 in 5 experienced sexual violence before age 13 (Kenya 2019, ii, 30). The survey report also states that girls are "more than twice as likely" as boys to experience sexual violence (Kenya 2019, 30).

1.2.1 COVID-19 Pandemic, Children and Sexual and Domestic Violence

An April 2020 article by representatives of UN agencies in Kenya states that, as of April 2020, children are at "heightened risk of all forms of violence, including violent discipline by family members and emotional abuse" (UN 25 Apr. 2020). Sources report that restricted access to safe environments, such as schools, has "exacerbat[ed] these risks" (UN 25 Apr. 2020) or "heightened [children's] vulnerability to sexual violence committed by non-stranger perpetrators" (Flowe, et al. July 2020, 7). Based on interviews of 80 SGBV survivors conducted from 24 March to 15 June 2020, Flowe et al. indicates that the average age for children experiencing sexual violence during COVID-19 was 12.33, compared to an average age of 16, according to previous national statistics (Flowe, et al. July 2020, 4, 12).

2. Legislation
2.1 The Protection Against Domestic Violence Act, 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 victims:

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

The Meru County Policy on Sexual and Gender Based Violence states that

[o]ther than bigamy[,] which is provided for under section 171 [of the Penal Code], there are no provisions for such forms of SGBV as marital rape, wife or husband battery, domestic violence[,] etc. Some of these offences are only derivative of main offences[,] such as assault under section 250 and 251 [of the Penal Code]. (Meru 2019, 17)

An article by the Star, a daily newspaper based in Nairobi, notes that the general law on assault is "inadequate for protecting women from marital rape because it requires witnesses or evidence of a physical struggle" (The Star 28 Aug. 2020).

Other sources similarly state that marital rape is not ["explicitly" (US 30 Mar. 2021, 37)] prohibited by Kenyan law (US 30 Mar. 2021, 37; UN 11 May 2021, para. 18(d); The Star 28 Aug. 2020). The Social Institutions and Gender Index (SIGI) developed by the Organisation for Economic Co-operation and Development (OECD) explains that Section 43 of the Sexual Offences Act, [which deals with "[i]ntentional and unlawful acts" (Kenya 2006)], "explicitly excludes the liability of persons who are lawfully married to each other" (OECD 7 Dec. 2018, 9). Section 43(5) of the Sexual Offences Act provides that section 43 "shall not apply in respect of persons who are lawfully married to each other" (Kenya 2006).

3. Implementation

US Country Reports 2020 states that while "rape, defilement (statutory rape), [and] domestic violence" are criminalized, "enforcement remain[s] limited" (US 30 Mar. 2021, 37). The Meru County Policy on Sexual and Gender Based Violence states that, in addressing SGBV, Kenya has "advanced more quickly in policy documents than in practice," and further indicates that there are "wide gaps" between legislation and the "experiences of victims of SGBV emanating from [the] implementation process and lots of operational confusion at multiple levels" (Meru 2019, 10).

In correspondence with the Research Directorate, International Federation of Women Lawyers (Federación Internacional de Abogadas, FIDA)-Kenya, a women's rights organization in Kenya that offers free legal aid (FIDA-Kenya n.d.), stated that the PADVA "has not been implemented," and that there is "no evidence to indicate its utilization to resolve domestic violence issues" (FIDA-Kenya 21 June 2021). The UN Human Rights Committee notes that there are "weaknesses in the legal and institutional response [to domestic violence], including weak implementation" of the PADVA and that"[s]afe spaces for women who have been subjected to violence" are not available "in all parts" of Kenya (UN 11 May 2021, para. 18(d)–18(e)). A COVAW guide on protection orders states that "[d]espite the progressive nature of the PADVA, [a]pplicants and [a]dvocates face numerous challenges while seeking protection orders" (COVAW [2020], 16). The same source provides the following examples:

• The approach taken by law enforcement to domestic violence "restricts intending applicants … from seeking assistance at police stations";
• The financial hurdle posed by the "huge" legal fees and court costs required of protection order applicants "inhibits most intending applicants from seeking services of [a]dvocates and courts";
• The "evidentiary threshold" under the PADVA "has resulted in denial of protection orders for urgent and deserving cases";
• The application procedures for a protection order are "tedious and otherwise long," which exposes victims to "further harm and violence," particularly if the court does not grant an "interim order in the first instance" (COVAW [2020], 16).

According to a statement from the Cabinet Secretary of the Ministry of Public Service and Gender, in September 2020, the Government of Kenya approved an "inter-agency strategy" to "mitigate and de-escalate" increased cases of GBV, which involves the following stakeholders: six Ministries, county governments, development partners, and other non-state actors (Kenya 21 Apr. 2021). Additional information on the inter-agency strategy could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1 Police

According to US Country Reports 2020, "[e]xcept in cases of death, police officers generally refrained from investigating domestic violence, which they considered a private family matter" (US 30 Mar. 2021, 38). Similarly, the SIGI by the OECD, citing the American Bar Association (ABA)'s International Models Project for Women's Rights (IMPOWR), a database of national laws that implement the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (ABA 14 Feb. 2013), reports that police are "known to accept bribes or send victims back to their family perpetrators to reconcile the problem individually" (OECD 7 Dec. 2018, 8). The CREAW report on GBV in Nyeri County indicates that some perpetrators "threaten or compromise" police officers investigating cases of GBV, which "further obstructs justice for survivors" (CREAW Oct. 2019a, 17). The same source adds that some reported cases "take too long" before prosecution or "end up being dismissed by the court for lack of evidence" (CREAW Oct. 2019a, 13). The CREAW report on GBV in Kitui County cites community members interviewed for the report as indicating that police treat reported GBV cases "casually," and that the police are "not doing thorough investigations" or are "tampering with evidence," being "compromised by some perpetrators," and, in certain cases, "mishandling or threatening witnesses" (CREAW Oct. 2019b, 15). The same source further notes that there are reports of "repeat interrogation" of survivors by different officers, which causes trauma to survivors who may "consequently end up dropping the case" (CREAW Oct. 2019b, 15–16).

In correspondence with the Research Directorate, a vice chancellor at Amref International University in Kenya who specializes in sexual, reproductive, and maternal health stated that "many communities still prefer to solve domestic violence cases using non-judicial systems," and provided an example of relatives of the survivor demanding cows as compensation (Vice Chancellor 15 June 2021). The same source added that "only overt cases" with media coverage "end up being taken [up] by the state" and prosecuted (Vice Chancellor 15 June 2021). US Country Reports 2020 indicates that individuals "frequently used traditional dispute-resolution mechanisms, including maslaha [3] in Muslim communities, to address sexual offenses in rural areas," with financial compensation for victims determined by village elders (US 30 Mar. 2021, 37). Similarly, the CREAW report on GBV in Kitui County states that "informal mechanisms" are "high[ly] prevalen[t]" in addressing GBV in Kitui County, where the families of the survivor and perpetrators agree on "'appropriate compensation'" (CREAW Oct. 2019b, 12). The CREAW report on GBV in Nyeri County indicates that there is an "overreliance on cultural and religious elders" to address GBV cases, which is against the law in Kenya (CREAW Oct. 2019a, 13).

According to the Kenya National Police Service (NPS), the NPS launched Standard Operating Procedures (SOPs) in January 2019, which serve as a "uniform approach" for preventing and responding to GBV (Kenya 24 Jan. 2019). The same source indicates that the SOPs provide a "systematic process" for GBV investigations and guidelines that include "handling the victims professionally" (Kenya 24 Jan. 2019). The CREAW report on GBV in Nyeri County notes that the NPS is not "adequately resourced to facilitate robust GBV prevention and response actions" according to the SOPs, and further explains that "some" sub-counties in Nyeri have one police van to respond to the various crimes reported (CREAW Oct. 2019a, 16).

A report by the Kenya National Commission on Human Rights (KNCHR), the "principal organ of the State in ensuring compliance under international and regional human rights treaties and conventions," states that police stations have "gender desks" for reporting "specific cases" of GBV (Kenya July 2020, 1, 17). However, sources note that "some" officers assigned to gender desks are not "properly trained on how to deal with a survivor of GBV (Kenya July 2020, 17) or "are not fully equipped to handle GBV cases effectively" (CREAW Oct. 2019a, 17). Further information, including police response to reports of domestic violence in particular and enforcement of protection orders that have been granted, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1.1 Police Protection of Children

US Country Reports 2020 states that according to the Independent Policing Oversight Authority (IPOA) in Kenya, a government body that investigates cases of police abuse, "most police facilities did not have designated child protection units and police usually requested the Department of Children Services to take custody of child victims"; while the police facilities that the IPOA inspected in 2020 had "at least one officer" assigned to children cases, "only some of the officers had received training" and police stations "did not have sufficient resources to process the large number of cases involving child victims" (US 30 Mar. 2021, 36, 41). The same source cites the IPOA as stating that the police "reported challenges investigating cases such as child rape, since some communities defended the perpetrators and preferred to settle cases through traditional mechanisms" (US 30 Mar. 2021, 41). An article by Cynthia Wangamati, a doctoral research fellow at the University of Oslo who has conducted research on child protection and rights (The Conversation n.d.), notes that while the Children Act provides for the creation of children's courts for hearing "cases involving children," "most" courts do not have them (Wangamati 23 Oct. 2019). The same source indicates, based on court cases observed, that while children who have survived sexual abuse have the right to give evidence "under a protective cover or through an intermediary," "no minor gave evidence under a protective cover," as "[p]rosecutors never offered this as a choice" (Wangamati 23 Oct. 2019).

4. Support Services

Information on state or publicly funded support services could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the study conducted in Nakuru County by DIGNITY and MIDRIFT HURINET, "[w]hen asked about resources in their communities, approximately 40% [of the 235 women respondents who experienced "some degree of physical or psychological violence from their husbands"] reported they were not aware of any type of service available to survivors of domestic or other forms of violence" (DIGNITY and MIDRIFT HURINET 2020, 19–20). The CREAW reports on GBV assessment in Nyeri and Kitui counties note that there is a "serious dearth" of support services for GBV survivors in Nyeri County (CREAW Oct. 2019a, 12) and in Kitui County (CREAW Oct. 2019b, 14). The Meru County Policy on Sexual and Gender Based Violence states that safe houses and shelters are "[i]nadequate," and that "[a]vailable services are not always easily accessible to everyone due to cost and distance" (Meru 2019, 23–24). The CREAW report on GBV in Nyeri County indicates that there are "limited services for psychosocial support within the health facilities [in Nyeri County]" and that "most of the women admitted in the mental facility at the hospital had a long history of suffering domestic violence" (CREAW Oct. 2019a, 17–18). A report on the impact of COVID-19 on girls in Africa by Plan International [4] and the African Child Policy Forum (ACPF) [5] states that since the start of the COVID-19 pandemic, support services for survivors of violence are "operating at their lowest capacity" in various countries, including Kenya (Plan International and ACPF June 2020, 11).

4.1 Nairobi

Information on support services in Nairobi for survivors of domestic violence was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to a June 2016 report prepared by Kenya for the UN CEDAW, a national toll-free hotline for GBV survivors was launched in February 2013 (Kenya 1 June 2016, para. 56). The CREAW report on GBV in Nyeri County notes that "several hotlines launched by various stakeholders, mainly in Nairobi, do not seem to have much impact, due to their limited coverage and disjointed dissemination" (CREAW Oct. 2019a, 8).

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] Data collection for the Kenyan 2021 Demographic and Health Survey (DHS) is "[o]ngoing," but survey results are not available [as of May 2021] (ICF [2021]). The 2014 Kenya Demographic and Health Survey (KDHS) was implemented by the Kenya National Bureau of Statistics, in partnership with other Kenya government organizations, with assistance from ICF International, an organization that manages the DHS program, a US Agency for International Development (USAID)-funded project that implements DHS worldwide (KNBS of Kenya and ICF International Dec. 2015, ii).

[2] According to their website, the Danish Institute Against Torture (DIGNITY) is headquartered in Copenhagen and is an "independent human rights and development organization" that envisions "a world free of torture and cruel, inhuman, and degrading treatment" (DIGNITY n.d.). Midrift Human Rights Network (MIDRIFT HURINET) is a non-profit organization in Kenya that works to empower citizens, state and non-state actors to "[i]nculcate a [c]ulture [o]f [h]uman [r]ights, [g]ood [g]overnance, [p]eace, and [s]ecurity" (MIDRIFT HURINET n.d.).

[3] Maslaha is a "form of [a]lternative [d]ispute [r]esolution" in which "male elders" resolve conflicts between families in the community (Bashi 23 July 2020).

[4] Plan International is an "independent development and humanitarian organisation that advances children's rights and equality for girls" (Plan International and ACPF June 2020, authors' page).

[5] African Child Policy Forum (ACPF) is an "independent, not-for-profit, Pan-African institute of policy research and dialogue on the African child" (Plan International and ACPF June 2020, author's page).

References

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Centre for Rights Education and Awareness (CREAW). 26 January 2021. "Survivors Experiences During the Covid-19 Pandemic." [Accessed 13 May 2021]

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Additional Sources Consulted

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