What you need to know: Violence against women is a violation of their basic human rights. The Protection against Domestic Violence Actprovides for the protection and relief from domestic violence and the protection of a spouse and any children or other dependent people. Im divorcing my husband; will I get a share of the property he had before our marriage? A couple has offered me surrogacy, but Im wary of its legal risks Dear Lydia, Sorry about the situation you find yourself in. Violence against women is a violation of their basic human rights, with more research highlighting the health burdens, socio-economic effects and demographic consequences of such violence. Various legal provisions have been established to curb this growing concern. Your case falls within the purview of domestic violence. Kenya passed into law the Protection against Domestic Violence Act, which provides for the protection and relief from domestic violence and the protection of a spouse and any children or other dependent people. The Act describes domestic violence as violence against a person, or threat of violence or of imminent danger to a person, by any other person with whom they are, currently or previously, in a domestic relationship. Since you are married to the abuser, you are considered to have a domestic relationship. Based on this, you are entitled to obtain a protection order. This is a court order that allows a victim of domestic violence to require an abuser to do or not certain things. The court does not, however, grant a protection order automatically. Your case must meet the legal requirements, which include stating the form of abuse suffered, the period of abuse and attaching evidence of the abuse suffered. Such evidence could include medical reports such as the P3 form, medical images or treatment notes, phone text messages, social media messages, photos of attack, any written documents including letters, written witness statements, written threats or Occurrence Book (OB) number. You do not need a lawyer to file for a Protection Order. However, it is advisable to consult an advocate or visit womens rights organisations in Kenya such as Fida-Kenya, Creaw Kenya or Covaw. Upon receiving your evidentiary documents, they shall proceed to file the application. The above-mentioned organisations take the survivor-centred approach where your rights, wishes, needs, safety, dignity and well-being shall be at the centre of all prevention and response measures. While taking the above steps, it is important to be alive to the fact that most victims of domestic violence hesitate to apply for this order with the fear that the abuser may not honour it. This is because during the abuse, they have portrayed themselves to be above the law with comments such as It is, therefore, important to note that an abuser who has been served with a copy of the protection order and who contravenes the order commits an offence punishable by law. Vivian. Government postpones opening of schools Education CS Ezekiel Machogu says some schools have been adversely affected by floods. Reality check: Government to reduce budget by Sh350bn Experts warn State may have to cut spending unless it goes big on taxation. Several feared dead as boat capsizes in Tana River The victims were crossing a flooded area from Madogo to Garissa town.
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