Authored By: Nasinya Nairuko Letiyion
INTRODUCTION
[1]Femicide is defined as an intentional killing with a gender-related motivation. It is different from homicide, where the motivation may not be gender-related. [2]According to the World Health Organization, femicide is generally understood to involve intentional murder of women because they are women.
In Kenya, the rate of femicide is at an astronomical level. Every 11minutes, somewhere in the world, a woman dies. In Kenya this statistic translates to 47 women killed each week. Article 26 of the Constitution of Kenya encapsulates that every citizen has the right to life. Yet somehow women lose their lives everyday solely because they are women.
According to a report by Usikimye, an organization committed to the eradication of Gender-Based Violence and Femicide led by Njeri Migwi, 129 femicides were recorded in the first quarter of 2025. Moreover, around 44 women are killed per month, confirming a rate of more than one woman per day. Further statistic by Usikimye shows that about 60 or 70 % of victims were killed by intimate partners or family members. Most murders occur in the home 72% or public spaces 20%. It is even more unfortunate that the perpetrators are barely brought to justice, and often walk scot-free. This is a sign of great systemic injustice that silences women’s voices and perpetuates violence against them.
FACTORS DRIVING FEMICIDE IN KENYA
Murder of Women as a Result of Intimate Partner Violence
Reports show that many women undergo lethal violence in private spheres, compared to outside their homes. This is saddening given the fact that your home is supposed to be your safe space, yet numerous women and girls are stabbed, raped, strangled and beaten to death in their own homes. [3]In an analysis done by Africa Data Hub, 77 % of killings in 2024 were committed by a person known by the victim , that is an intimate partner , relative or friend. 68 % of the perpetrators were currently or had previously been in an intimate relationship with the victim.[4]For example, in September 2024, Rebecca Cheptegei, who was a Ugandan Olympic runner living in Kenya, was doused in petrol and set on fire by her estranged boyfriend. The undeniable fact is that husbands and boyfriends are more often than not the biggest culprits in such cases. [5]This statistic paints a chilling picture of betrayal within the very spaces where women should feel safest. Unfortunately, this is just one of many similar cases.
Unequal gender relations
Kenya is deeply rooted in misogyny. Being a patriarchal society, some Kenyan men believe that they above women. [6]This system is evident in the unequal distribution of power and the normalization of violence against women. This is a social system that privileges men and subordinates women. In July 2024, hacked up remains of nine women were found stuffed into sacks in a quarry in Nairobi. In May 2025, a young girl of 17, Emma Akinyi, was attacked and raped on her way to school. Her eyes were gouged out she was murdered. Her body was later found at KBC Compound, Nyamninia in Yala. Her only offence was being a woman. Incidents like this happen every other day, and little is done to curb this crisis.
EXISTING LEGAL FRAMEWORKS GOVERNING FEMICIDE AND GBV IN KENYA.
a) The Constitution of Kenya
While the COK does not explicitly mention femicide, it has provisions that address gender-based violence and the protection of women.
For instance: Article 26 guarantees the right to life. Article 27 talks about discrimination, including on the basis of sex, reinforcing the state’s obligation to protect women from targeted violence. Article 28 ensures protection of human dignity.
b) Legislative Framework
i) Penal Code – It is the official codified body of laws that defines crimes and the punishments for committing them within a legal system.
ii) Prohibition of FGM Act 2011 – This act makes it an offence to perform or facilitate FGM within the country.
iii) Protection Against Domestic Violence Act – It has an expansive definition of violence including FGM, forced marriage, harassment, physical abuse, sexual abuse, stalking, and verbal abuse.
iv) Sexual Offenses Act – An Act of Parliament that highlights sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes
c)International Conventions
i)The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol) – It is an international human rights instrument established by the African Union. It is a comprehensive regional treaty on women’s rights in Africa.
ii)The Convention on Elimination of all forms of Discrimination against Women (CEDAW) – This is the primary international human rights treaty dedicated to women’s rights. [7]It establishes international standards for guaranteeing equality between women and men within the family as well as between the family and the state. Kenya has been a signatory to CEDAW since 1984.
iii)Beijing Declaration Platform – This Declaration was a resolution adopted by the UN, and it is a visionary agenda with a comprehensive set of commitments for achieving gender equality.
iv)International Covenant on Civil and Political Rights (ICCPR) – Contains provisions on equality and non-discrimination.
v) United Nations Security Council Resolution 1325(2000) on Women, Peace and Security- This addresses the impact of conflict on women and girls and promote their participation in peacebuilding
CHALLENGES FACING THE IMPLEMENTATION OF THE EXISTING PROVISIONS
Victim blaming
[8]Victim blaming happens when the survivor of a crime or traumatic event is partly or completely blamed for their experience and their response to that experience. This often occurs in rape and domestic violence cases. [9]It puts the responsibility of a crime, trauma, or hardship on the victim and not the perpetrator. When a woman is killed, many people are often quick to blame the woman, instead of focusing on the actual issue at hand, which is the fact that a woman was killed. This kind of mindset greatly hinders the process of attaining justice as it shifts the focus away from the perpetrators.
Flawed judicial process
[10]Kenya’s system has been seen to either perpetuate or tolerate violence against women through acts of commission or omission. Most of the time, survivors of GBV are often subjected to prolonged proceedings due to cases being adjourned repeatedly. For survivors, this delays often put them at even greater risks as the perpetrators are still around them. Sometimes the perpetrators end up killing the victims before a case is concluded all because of this systemic failure that drags cases for so long. [11]Studies show that on average, it takes about 1900 days from the day of a perpetrators arrest for the perpetrator to actually be sentenced.[12]The justice system is often slow, uncoordinated, intimidating and retraumatizing.
Lack of a specific legal framework on femicide
There is no legal framework or law on femicide. The Task Force Appointed by the President to look into the surge of GBV cases including femicide, concluded that there is no particular legislative reform that classifies femicide as a distinct crime. Though legal frameworks that highlight gender-based violence and murder exist, there is no clear legal framework that distinguishes femicide from ordinary murder. Anna Mutavati, UN Women’s regional Director for East and Southern Africa, argued that recording the killings of women merely as ‘murder’ masks the true scale of femicide.[13]Femicide is an aggravated form of murder, and the lack of provisions and specific legal definitions and mechanisms reflecting this make it difficult to investigate, prosecute and track such cases.
RECOMMENDATION TO COMBAT FEMICIDE IN KENYA
Distinguish femicide as a distinct crime
There is need to clearly define what constitutes femicide in the country. While some people argue that there are existing laws on homicide, the unique circumstances surrounding gendered killings warrant their own legal framework. Classifying femicide as a distinct crime would serve as a deterrent. Having femicide – specific law in Kenya would build on the reforms the country has made in the fight against GBV. [14]Due to the fact that treating femicide as ordinary murder fails to capture its gendered dimension, giving it gender based perspective ensures stronger intervention, better prevention mechanisms and greater awareness.[15]Therefore, a standalone law on femicide is necessary to respond to the disturbing rise in gender – based killings.
Funding Women’s Organizations
Funding women’s organizations is a key recommendation in Kenya’s fight against femicide, because these groups are uniquely positioned to address the root causes of gender-based violence, support survivors, and drive systemic change.[16]This can be done by donating to local organizations that empower women, amplify their voices, support survivors and promote acceptance of all gender identities and sexualities. These groups are the backbone of Kenya’s femicide response. [17]Donors can invest in such feminist organizations working to end violence against women. These organizations need proper support in order to increase awareness, higher reporting rates and stronger community protection mechanisms. This will also enable the law enforcement and judicial system to be more accessible to survivors.
Advocacy, Education and Awareness Campaigns
[18]This entails advocating for stronger systems, policies and programs to protect young women and girls. Real change occurs when communities unite to address their challenges. In light of this, it is necessary for the government, stakeholders, civil society, women’s organizations, young people, the private sector community groups, local leaders inter alia to take ownership of the fight against GBV and Femicide. It requires addressing the intersecting factors and root causes of femicide such as discrimination, harmful cultural practices and unequal gender relations that make women more vulnerable to violence. It is also important to change cultural norms through education on gender equality and respect.
Reference(S):
[1] UN Women, ‘Five Essential Facts about Femicide ‘ 25 November 2024
[2] World Health Organization, ‘Understanding and addressing violence against women’
[3] Africa Data Hub ‘Silencing Women : Tracking and Humanizing Femicide Cases in Kenya .
[4] The Economist ‘Kenyan Women are fed up with rampant sexual violence: A spate of horrific murders has fueled a campaign to end femicide ‘ 12 December 2024
[5] Kamau Maichuhie, Nation Media Group,’ ‘Why Nancy Baraza taskforce is rooting for a separate law on femicide’
[6] Zana Africa, ‘Breaking the Silence: Addressing Gender – Based Violence and Femicide in Kenya’
[7] United Nations General Assembly, ‘Convention on the Elimination of all Forms of Discrimination Against Women’
[8] Ana Gascon, ’Victim Blaming: Why people sometimes blame crimes on survivors rather than abusers’ 23 May 2023
[9] Ibid
[10] Lucy Kamau, ‘Justice on Edge: Anchoring Kenya’s SGBV courts amid a rising tide of femicide’
[11] Joy Kemunto, ‘Kenya’s Femicide and Gender Based Violence Crisis: A Case Study for an International Response to the Femicide Epidemic’
[12] Ibid
[13] James Gichigi, ’Lack of legal framework a major challenge in handling femicide cases-taskforce’
[14] Moraa Obiria, ‘Beyond Murder: Growing Calls to recognize femicide as a distinct crime in Kenya’ 17th September 2025
[15] Dennis Otieno, Senior Legal Counsel, ‘Federation of Women Lawyers’
[16] United Nations Women, ’Take Action: 10 ways you can help end violence against women’
[17] United Nations Women, ‘Unite to End Violence Against Women Campaign’
[18] Zana Africa, ‘Breaking the Silence: Addressing Gender – Based Violence and Femicide in Kenya’
