Authored By: Sonia Wanjoro Mwangi
Mount Kenya University
Introduction
Kenyan courts have increasingly acknowledged that failure to respond to violence against women is itself a constitutional violation, as demonstrated in C.K. (A Child) through Ripples International & 11 others vs Commissioner of the National police/ Inspector General of the National Police Service & 3 others[1]. Reports of domestic abuse, sexual violence, and femicide continue to rise, raising a critical legal question: why does GBV persist in the face of clear constitutional and statutory protections? The Constitution of Kenya 2010 guarantees dignity, equality, and freedom from violence, while statutes such as the Sexual Offenses Act 2006 [2]provide detailed legal remedies. Yet, enforcement remains inconsistent.
This article argues that while Kenya’s legal framework on Gender Based Violence is sufficiently developed in theory, there are failures in enforcement, judicial interpretation, and sociocultural barriers significantly undermine its effectiveness. It proceeds by examining the legal framework, analyzing key case law, and identifying the enforcement gaps that continue to perpetuate Gender Based Violence.
Main Body
i.) Legal Framework.
According to the Constitution of Kenya 2010 article 28[3] guarantees Kenyan citizens the right to dignity and article 29[4] protects individuals from violence. Additionally, Article 27 [5]provides for equality and freedom from discrimination, forming a critical basis for addressing Gender Based Violence.
Statutorily, the Protection Against Domestic Violence Act 2015 [6]represents a significant step in addressing violence within domestic settings. It defines domestic violence broadly to include physical, sexual, emotional, and economic abuse, and provides for protection orders.
Similarly, the Sexual Offenses Act 2006 criminalizes a wide range of sexual offenses, including rape, defilement, and sexual assault, and prescribes strict penalties.
Kenya is also a party to international instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obligates the state to take appropriate measures to eliminate violence against women.
Despite the comprehensive framework, the persistence of Gender Based Violence suggests that legal provisions alone are insufficient without effective implementation.
ii.) Judicial Interpretation and Case Law
In Republic v Nicholas Julius Macharia[7], the accused was charged with murder contrary to section 203 of the Penal Code[8], defilement contrary to section 8 of the Sexual Offenses Act[9]. He was well known to the mother, grandmother and endured as a parent to the deceased. The deceased was only 7 years old but that did not protect her from his iniquitous actions. Not only did he take advantage of her innocence but also, he forcefully defiled her, strangled her to death and buried her under his bed.
According to, Simon Onyango v Republic[10]. The appellant was charged with rape contrary to section 3 of the Sexual Offenses Act[11]. The complainant was admitted in the hospital; she claimed that when vulnerable she was injected with a sedative and sexually assaulted. While her husband was just outside the examining room.
Moreover, in Republic v D.N.N.[12] the accused was charged with defilement contrary to section 8 of the Sexual Offenses Act[13]. The complainant was only 8 years old, however that did not seem to matter to the accused. To add insult to injury the complainant was defiled by her own father in her abode, how nefarious!
In addition, in Coalition on Violence Against Women & 11 others v Attorney General & 5 others[14]. The court held that the government failed to train police officers, so as to protect Kenyan citizens from Gender Based Violence. The police failed to investigate and document Gender Based Violence claims, even after they were reported.
Furthermore, in Julius Gitau Ndung’u v Republic[15], the appellant was charged with sexual assault contrary to section 5 of the Sexual Offences Act[16]. The complainant was 14 years and the appellant was her masseur, since she had sustained muscle injury. The assault happened the day immediately after the muscle injury. During the first encounter the appellant, took advantage of the complainant and sexually assaulted her.
Some courts continue to impose lenient sentences or rely on problematic considerations such as reconciliation between victim and offender, particularly in domestic contexts. This undermines the deterrent effect of the law.
iii.) Critical Analysis.
The primary challenge in addressing Gender Based Violence in Kenya lies not only in the absence of law but also, in its enforcement.
According to the United Nations Femicide report[17], there were 100,000 femicide cases in Africa alone in 2024. This shows that Gender Based Violence is not only an issue in Kenya but also as a continent. Moreover, World Health Organization [18]also reported that one in three women have been subjected to either sexual or physical violence. How devastating!
Lack of existence of law enforcement agencies hinder effective implementation. Where the police officers lack training leading to poor investigations and mishandling evidence. As highlighted in C.K. (A Child) through Ripples International & 11 others vs Commissioner of the National police/ Inspector General of the National Police Service & 3 others[19].
In addition, according to the Technical Working Group Report on Gender Based Violence[20], the report also highlighted that one of the key causes of Gender Based Violence include lack of clear legal definition. Also, as reported by citizen tv (a Kenyan broadcasting company)[21] in 2024, Kenya reported 170 cases of Gender Based Violence, mostly targeting women aged 18-25.
On Monday 27th April, 2026 a 22-year-old University student girl [22]was found dead on the ground floor, she was last seen with a 33-year-old man, who claims that she jumped off the sixth-floor building. However, this lie is too known to be believed. Gender Based Violence continues to be a problem in Kenya, since some victims fear facing stigma and lack trust in the justice system.
Finally, access to justice remains limited, the legal process can be lengthy and tends to tire those affected as they wait for justice. Also, social attitudes that continuously normalize Gender Based Violence and perpetuate such behavior, rather than discourage it tend to be a problem when trying to scrub off such barbaric behavior.
Conclusion
This article has demonstrated that while Kenya has made significant progress in establishing a comprehensive legal framework to address gender-based violence, enforcement remains a critical weakness. Constitutional provisions and statutes such as the Sexual Offences Act 2006[23] and the Protection Against Domestic Violence Act 2015 [24]provide strong legal protections and judicial decisions. There are still systemic challenges that continue to undermine these gains.
It is submitted that addressing Gender Based Violence in Kenya requires a shift from law-making to law enforcement. This includes strengthening police training, improving access to justice and ensuring consistent judicial approach. Additionally, public awareness and educating citizens on their rights, so as to permanently remove the cultural norm of normalizing Gender Based Violence.
Ultimately, the effectiveness of Kenya’s legal response to Gender Based Violence will be measured not by the strength of its laws, but by their impact in protecting victims and holding perpetrators accountable.
Reference(S):
Cases.
C.K. (A Child) through Ripples International v Commissioner of Police (2013) (KLR)
Republic v Nicholas Julius Macharia (2026) KEHC 1759 (KLR) 1,2
Simon Onyango v Republic (2018) KEHC 6695 (KLR) 1,4
Republic v D.N.N. (2021) KEHC 3965 (KLR) 1-6
Coalition on Violence Against Women & 11 others v Attorney General & 5 others (2016) KEHC 8277 (KLR)
Julius Gitau Ndung’u v Republic (2019) KEHC 11196 (KLR) 1, 5, 6.
C.K. (A Child) through Ripples International & 11 others vs Commissioner of the National police/ Inspector General of the National Police Service & 3 others (2013) KEHC 3114 (KLR) 1
Legislation.
Constitution of Kenya 2010, a 27, 28, 29.
Penal Code Act 2014, s 203.
Protection Against Domestic Violence Act 2015.
Sexual Offences Act 2006, s 3, 5, 8.
Secondary sources.
UN Women, “Femicides in 2024 Global estimates of Intimate Partner/ family member femicides” (2025) ELJT < https://www.unodc.org/documents/data-and-analysis/briefs/Femicide_Brief_2025.pdf > accessed November 2025.
The Technical Working Group, “Gender-Based Violence (GBV) Including Femicide” (2026) ELJT < https://home.creaw.org/wp-content/uploads/2026/02/10/Technical%20Working%20Group%20Report%20on%20GBV%20Including%20Femicide.pdf> accessed 10th February 2026.
Aljazeera, “One in Three women endure violence worldwide: WHO” (2021) ELJT < https://www.aljazeera.com/news/2021/3/9/one-in-three-women-globally-endure-violence-who#:~:text=Report%20also%20shows%2025%20percent,girls%20trapped%20in%20abusive%20relationships> accessed 9th March 2021.
Citizen TV Kenya, “Femicide: 2024 Worst Year Report shows 170 women & girls killed in 2024 Those aged between 18-35 account for most deaths Nairobi” (2025) < https://www.facebook.com/CitizenTVKe/videos/femicide-2024-worst-yearreport-shows-170-women-girls-killed-in-2024those-aged-be/1129857685288423/> accessed 27 January 2025.
Citizen TV Kenya, “Consolata Githinji Death Probe: Police probe the death of a young woman in Kileleshwa Consolata Githinji fell from the 6th floor of an…” (2026) < https://www.facebook.com/CitizenTVKe/videos/consolata-githinji-death-probepolice-probe-the-death-of-a-young-woman-in-kileles/1997947141078078/> accessed 27th April 2026.
[1] C.K. (A Child) through Ripples International & 11 others vs Commissioner of the National police/ Inspector General of the National Police Service & 3 others (2013) KEHC 3114 (KLR)
[2] Sexual Offences Act 2006
[3] Constitution of Kenya 2010 article 28
[4] Article 29 constitution of Kenya.
[5] Article 27 constitution of Kenya.
[6] Protection Against Domestic Violence Act 2015
[7]Republic v Nicholas Julius Macharia (2026) KEHC 1759 (KLR)
[8] Section 203 of the Penal Code.
[9] Section 8 of the Sexual Offences Act.
[10] Simon Onyango v Republic (2018) KEHC 6695 (KLR)
[11]section 3 of the Sexual Offences Act
[12]Republic v D.N.N. (2021) KEHC 3965 (KLR)
[13] section 8 of the Sexual Offences Act
[14] Coalition on Violence Against Women & 11 others v Attorney General & 5 others (2016) KEHC 8277 (KLR)
[15] Julius Gitau Ndung’u v Republic (2019) KEHC 11196 (KLR)
[16] section 5 of the Sexual Offences Act.
[17]https://www.unodc.org/documents/data-and-analysis/briefs/Femicide_Brief_2025.pdf
[18]https://www.aljazeera.com/news/2021/3/9/one-in-three-women-globally-endure-violence-who#:~:text=Report%20also%20shows%2025%20percent,girls%20trapped%20in%20abusive%20relationships.
[19] C.K. (A Child) through Ripples International & 11 others vs Commissioner of the National police/ Inspector General of the National Police Service & 3 others (2013) KEHC 3114 (KLR)
[20] https://home.creaw.org/wp-content/uploads/2026/02/10/Technical%20Working%20Group%20Report%20on%20GBV%20Including%20Femicide.pdf
[21] https://www.facebook.com/CitizenTVKe/videos/femicide-2024-worst-yearreport-shows-170-women-girls-killed-in-2024those-aged-be/1129857685288423/
[22] https://www.facebook.com/CitizenTVKe/videos/consolata-githinji-death-probepolice-probe-the-death-of-a-young-woman-in-kileles/1997947141078078/
[23] Sexual Offences Act 2006.
[24] Protection Against Domestic Violence Act 2015.
