What about Men: Questioning the Deterring Efficacy of Kenya Protection against Domestic Violence Act (2015) in Addressing Violence against Men in Kenya

14 Pages Posted: 10 Jan 2018

See all articles by Wilma Moraa Isaboke

Wilma Moraa Isaboke

United Nations High Commissioner For Refugees (UNHCR); Independent

Date Written: November 27, 2016

Abstract

This paper seeks to analyze the efficiency of Kenya’s ‘Protection Against Domestic Violence Act’ (hereafter PADV) in deterring ongoing violence against men. It intends to argue that the Act, provides little or no deterrence effect based on the historical definition of violence which has been grounded in looking at women as victims rather than perpetrators, second even though the Act is proper in intent, the cause of violence such poverty and culturally held dogmas impede its implementation and lastly the lack of willingness of victims to report or prosecute renders it ineffective. Thus, it recommends that these factors should be tackled in order to make the deterrence effect of the legislation a reality. To make these claims, the paper begins with a definition of domestic violence, followed by a brief outlook on international human rights framework and then it provides a brief perspective into the situation in Kenya and the legislative framework. The PADV is looked as part of this framework and its efficacy analyzed followed by a conclusion containing recommendation/s.

Keywords: Domestic Violence against Men, Women, Efficiency of Laws, Kenya, International Human Rights Laws

Suggested Citation

Isaboke, Wilma Moraa and Isaboke, Wilma Moraa, What about Men: Questioning the Deterring Efficacy of Kenya Protection against Domestic Violence Act (2015) in Addressing Violence against Men in Kenya (November 27, 2016). Available at SSRN: https://ssrn.com/abstract=2876255 or http://dx.doi.org/10.2139/ssrn.2876255

United Nations High Commissioner For Refugees (UNHCR) ( email )

Ipoly Utca
Budapest, 1133
Hungary

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