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In Kenya, the legal framework addressing gender-based violence (GBV) is robust and proactive, comprising various laws, acts, and policies designed not only to protect survivors but also to prevent such violence. MIDRIFT HURINET's study, "Understanding the Root Causes of Gender-Based Violence in Nairobi Kenya," underscores the importance of these legal instruments in combating GBV.

Constitution of Kenya (2010): The supreme law of the land enshrines the right to life, liberty, and security of the person, explicitly prohibiting torture, cruel, inhuman, or degrading treatment or punishment. It mandates the state to take legislative and other measures to implement the rights and fundamental freedoms in the Bill of Rights.

Sexual Offences Act (2006): This Act provides comprehensive provisions for the protection of all persons from sexual violence, including rape, defilement, and sexual harassment. It establishes clear definitions and penalties for various sexual offenses, aiming to deter perpetrators and provide justice for survivors.

Protection Against Domestic Violence Act (2015): This Act offers protection to individuals from domestic violence, including physical, sexual, psychological, and economic abuse. It provides for the establishment of protection orders and the provision of support services to survivors.

Female Genital Mutilation Act (2011): This Act criminalizes the practice of female genital mutilation (FGM) and provides for the protection and rehabilitation of victims. It aims to eliminate FGM through legal measures and public education.

National Police Service Act (2011): This Act outlines the functions and powers of the police service, emphasizing the need for community policing and the protection of human rights. It provides the legal basis for establishing specialized units, such as Gender Desks, within police stations to handle GBV cases effectively.

National Policy on Gender and Development: This policy underscores the government's commitment to gender equality and women's empowerment. It highlights the establishment of Gender Desks in police stations as a critical measure to address GBV, ensuring that survivors have access to justice and support services.

County Government Policy on Sexual and Gender Based Violence (2017) directs all 47 counties in Kenya to establish a framework for the implementation of programs and policies on prevention and response to Sexual and Gender-based violence.

It serves as a pivotal framework guiding all 47 counties in the prevention and response to sexual and gender-based violence (SGBV). This policy mandates county governments to establish comprehensive programs and policies to eradicate SGBV through preventive, protective, supportive, and transformative measures.

A cornerstone of this policy is the Model Legislative Framework on Sexual and Gender-Based Violence for County Governments (2017), developed by the National Gender and Equality Commission (NGEC). This framework provides a standardized approach for counties to enact legislation that addresses SGBV effectively. It emphasizes the need for a multi-sectoral approach involving collaboration among stakeholders, including law enforcement, healthcare providers, and community organizations, to ensure a holistic and inclusive response to SGBV.

The policy outlines several key components:

Prevention and Awareness: It advocates for educational campaigns to inform communities about the detrimental effects of SGBV and promote behavioral change.

Protection and Support: The policy calls for establishing safe houses and shelters to provide survivors immediate refuge and access to essential healthcare services.

Legal Framework: It encourages counties to adopt and enforce laws that criminalize all forms of SGBV, ensuring that perpetrators are held accountable.

Coordination and Monitoring: The policy emphasizes the importance of setting up coordination mechanisms to streamline the response to SGBV and monitor the effectiveness of implemented programs.

By adhering to this policy, counties are expected to create an environment that not only addresses the immediate needs of SGBV survivors but also works towards the long-term eradication of such violence through systemic change and community engagement.

For instance, Migori County, located in the far West of Kenya, adopted a policy to combat sexual and gender-based violence at the end of 2019. This policy provides a framework for implementing concrete measures in the prevention and response to SGBV, aimed at eliminating SGBV in the county.

The County Government Policy on Sexual and Gender-Based Violence (2017), along with its accompanying legislative framework, represents a significant step towards a unified and effective approach to combating SGBV across Kenya. The policy aims to create a safer and more equitable environment for all citizens by mandating counties to establish and implement comprehensive programs and policies.

These legal instruments collectively form a comprehensive framework to prevent and respond to GBV in Kenya.

However, the study by MIDRIFT HURINET highlights challenges in implementing these laws, including limited resources, inadequate training, and societal stigmatization, which hinder the effectiveness of these legal measures. Addressing these challenges is crucial to enhance the protection and support for survivors of GBV.

By

Jacob Karani