Proposed law seeks to tame pesky in-laws

Interference from in-laws, stalking and testing for virginity will soon be considered forms of domestic violence if a Bill introduced in Parliament is passed.

So, too, will the forceful inheritance of a wife, child marriage, sexual violence within marriage or the traditional ceremonies in some communities that value the “cleansing” of widows.

These are some of the provisions of the Protection Against Domestic Violence Bill published on October 11 and introduced in the National Assembly last week.

Its introduction now means that the public can begin submitting views either orally or in writing to the Justice and Legal Affairs Committee chaired by Mr Samuel Chepkong’a (Ainabkoi, URP).
The Bill, which was submitted to the committee by the Attorney-General, “seeks to recognise that domestic violence in all forms is unacceptable behaviour.”

It has 21 forms of violence.

However, the Bill does not state a specific penalty for those found to have engaged in domestic violence as they would be prosecuted under the various laws that cover assault, rape and other crimes.

It provides for those who have been abused or who feel they are likely to be abused to apply to a court for protection order. Abusers who breach the protection order will be arrested.

Victims of domestic violence who suffer injuries or damage to their property would also be entitled to compensation at rates the courts would decide.

Under the proposed law, a person would be considered to have psychologically abused a child if they allow the child to see or hear the physical, sexual or psychological abuse of a person who lives with the child.

People who lie as they make applications or swear affidavits under the new law would be liable to a fine of not more than Sh200,000 or a jail term of not more than three years, or both.