Kenya has no specific crime called domestic violence, police say

This story has significance for readers across Kenya and beyond.

What you need to know:

- Police say domestic violence is not a standalone criminal offence, as cases are investigated according to the specific acts committed.

- Witness statements and follow-up are crucial when domestic violence cases are reported and investigated.

Government data from the Kenya National Bureau of Statistics shows that domestic violence affects nearly half of women in some counties, with prevalence as high as 48 per cent and as low as nine per cent in others. But can a woman or a man walk into a police station and report domestic violence as a crime committed against them?

According to Muchiri Nyaga, spokesperson for the National Police Service, the answer is no. “We don't have a crime called domestic violence,” he said. “We have specific Acts because you have to describe that in the charge sheet. We have something called particulars of the offence.”

He said the starting point is always the incident itself. “If someone says they have been assaulted, beaten, stabbed or grievously harmed, that is the act the police investigate. We don’t ask, ‘But what is the relationship between the person that has injured you?’ That is never, ever a consideration. It can only come later.”

He said the relationship becomes relevant during investigations, helping to establish the circumstances surrounding the alleged offence. He drew a parallel with femicide, noting that no charge sheet specifically accuses someone of it. “Killing a woman is treated as murder, with the circumstances including the fact that the victim was a woman and the nature of the relationship, providing context,” he said.

Once an offence has been reported, he said, a criminal file is opened, and investigations follow. These include recording statements, gathering evidence and interviewing witnesses. If there have been previous episodes of abuse, these are also captured as part of the evidence, he said.

“For the investigating officer, in the present circumstances, it would be just about to compile all of the other previous cases and link them all up when preparing this file,” he said. “The history of the relationship can therefore be considered, but the specific criminal act remains the primary focus.”

Thereafter, he said, the information gathered is taken to the Office of the Director of Public Prosecutions (ODPP), which reviews the file and determines whether it meets the threshold for further action. However, an officer commanding station, who spoke on condition of anonymity, said that reporting to the police is not enough. The person who makes the report must follow up and ensure that an investigating officer has been assigned to the case, he said.

“It is important to report, but for us to have a file to forward to the ODPP, we must have sufficient evidence to show that we have a case,” he said. “And that means recording statements from witnesses. If the person reports but never follows up to ensure an investigating officer is assigned to the case, or is assigned one but then disappears, or fails to help us identify witnesses, it becomes very difficult for us to proceed.”

Reporting originally appeared via Nation Africa. Read the full source for additional context.