When President Uhuru Kenyatta signed into law the Protection Against Domestic Violence Bill last year, victims of domestic violence had a reason to smile.
The law recognised that domestic violence, in all forms, is an unacceptable behavior. It also detailed all the 21 forms violence.
Under the
new
law, police officers do not require a warrant to arrest a person suspected to have assaulted a family member.
Victims of domestic violence who suffer injuries or damage to their property are also liable for compensation at rates determined by the courts. In this case, the court may take into account the pain and suffering of the victim, the nature of the injury, cost of treatment, any loss of earnings and the value of the property destroyed or damaged.
They are also entitled to payment for their expenses on rent, transport and costs of moving houses.
Even with all these ‘entitlements’ under the
law, victims are somehow condoning violence.
Take for example
22-year-old Justa Kawira, who was recently beaten by her husband until she fell unconscious.
In a video that went viral on social media, Kawira is seen being beaten by her husband. All because she
asked him
why his friend
was taking pictures of their household items. Shortly after, Kawira is slapped by her husband and she retaliates. End result is a bloody scene after the husband strips her half naked, beats her while
dragging her on the floor into the house. Kawira is writhing in pain.
The whole scene was recorded by her neighbour who claims to have gotten tired of intervening whenever they got into an argument. He decided to record it so that people would see and hopefully help her by
reporting the matter to the police. Previously, nothing could be done because the victim had not pressed any charges.
She was rushed to hospital unconscious but doctors were able to stabilise her and avoid a miscarriage of her six-month pregnancy.
In this scenario,
the Nyumba Kumi approach
worked. The neighbours were their brother’s keeper. They had sufficient evidence to present to the police officers.
According to section 6(1) of the Protection Against Domestic Violence Act, a police officer may, without a warrant of arrest, prefer charges against a person suspected to have assaulted or threatened to assault another person.
However the act does not state what happens if a witness presents evidence against the accused.
Lawyer Allan Otieno, who practises at Moseti Odongo Waithaka Advocates, says the police could have started investigating the offence. However, he said, the loophole in the law needs to be addressed.
“If there is enough evidence against the accused, then the state can be able to prosecute the case. If people witnessed the act of violence against the person then that proves that there is sufficient evidence,” Otieno said.
Otieno further noted that even when the victim does not want to press charges, as long as
the state can get witnesses for that particular offence, they can still proceed with the case, though it maybe weak.
“A clause should also be introduced in the Protection Against Domestic Violence Act to allow police officers investigate a case even if the complainant does not want to press charges. In this case, the victim will be able to state and
explain why he/she doesn’t want to report the matter," Otieno added.
Kawira's case is among the many that go unreported. Having the video shared on social media
enlightens
people to the reality that domestic violence is still taking place.
Recently in Khorof Harar, Wajir,
Fatuma Ibrahim was stabbed by her husband deep into
her cheek,
during
a family dispute. When asked about the incident, the mother of four admitted that
she has been a victim of domestic violence “countless times” but would not leave the marriage because of her children.
But why do women condone forms of violence against them despite there being laws put in place to address the issue?
According to Agnes Kola,
an advocate for women rights at Action Aid, violence is condoned in some families because some women want to make people believe they have a good relationship with their husband but in reality they are suffering in silence.
“I think the reason many women don’t report when they are abused has a lot to do with people’s perception. They are trying to create a scenario that they are in a happy relationship. The moment they come out and say that you are walking out
of the relationship, they are usually judged,” Kola noted.
“So condoning violence has nothing to do with the magnitude of the battering but rather what they psychologically and emotionally go through. Such people need a very strong support structure.”
Kola said most women fear reporting such cases because they don’t know what would happen to them after the accused has been released from prison.
“At the initial stages of courting,
there is a lot of love. However when love turns to violence, the woman finds it hard to differentiate between the two and decides to stay hoping that he will change."
For how long then does the women stay in an abusive relationship?
" It is only women who stay in such relations that can explain why they do so. But they should not
use children as
an excuse because when they find a good support structure, for example,
from their families, they may be able to overcome their troubles and lead a normal life," Kola said.
Women are being advised not to condone any form of violence against them. They should come forward and explain why they are accepting to be beaten by a person who claims to love them, despite them knowing that violence is unacceptable.
"Awareness needs to be done frequently so that people can know that violence against any person is a crime, that there are ways of getting help and that there are laws of dealing with domestic violence," Kola said.