The Double-Edged Sword of Social Media: Protecting Women's Rights in Kenya

 

                                                       

                                                                Image on Freepik

Despite having progressive legal frameworks protecting women's rights, Kenya continues to face a pervasive issue: domestic violence and the killing of women. While legislation exists, its effectiveness often hinges on practical implementation. In this fight for justice, social media has emerged as a powerful tool for amplifying voices, mobilizing action, and pushing for societal change.

The Kenyan legal framework protects women from domestic violence and killings. Article 27 of the Constitution provides for equality and freedom from discrimination which ensures equal rights and equal treatment for men and women under the law. It prohibits discrimination based on sex, which forms the bedrock of combating gender-based violence, including domestic violence and murder.

Article 28 of the Constitution affords human dignity to all. Every person has a right to inherent dignity and to have that dignity respected and protected. This encompasses protection from physical and psychological abuse, which are common forms of domestic violence.

Article 29 of the Constitution provides for freedom and security of the person: Protects every individual from physical harm, including freedom from torture, cruel, inhumane treatment, or punishment. Article 43 of the Constitution provides for economic and social rights. This guarantees the right of every person to the highest attainable standard of physical and mental health which directly challenges the negative health consequences of domestic violence.

Legislators have gone further to enact the Protection Against Domestic Violence Act (2015) in favor of protecting women. This is Kenya's primary legislation addressing domestic violence. It recognizes various forms of abuse (physical, sexual, emotional, psychological, and economic), provides avenues for protection orders, legal redress and outlines penalties for perpetrators.

The Convention on Elimination of all Forms of Discrimination against Women of 1979 requires State parties to prevent any acts or omissions of gender-based violence against women. Through training, adoption, implementation and application of appropriate legal sanctions, the State should ensure that women are protected from all forms of domestic violence and as well as providing reparation in all cases of gender-based violence against women.

In January 2024, reports of women being murdered flooded mainstream media in Kenya. At least 14 women were reported to have been killed by acts of domestic violence, the perpetrators being men. Rita Waeni, Starlet Wahu; these are some of the names of women who ruled the airwaves in January due to their gruesome murders. Many more women have been killed by their lovers or exes, many whose stories are not known by the public. Activists have coined the word ‘femicide’ to mark these killings as distinct where women are killed because they are women.

Although Kenyan laws are progressive in terms of protecting women, the problem is pervasive and systemic. It lies in the patriarchal norms and attitudes of Kenyan society that normalize violence and the killing of women. In some communities, a man killing his wife is solved privately by the families, the punishment being payment of compensation to the woman’s family, instead of prosecuting the murderer. Wife beating is seen as a normal activity to tame a woman and coerce her into being submissive to her husband. Women are shamed for reporting cases of domestic violence to the police, sometimes encouraged to seek help in prayer or to tough it out in the relationship.

While the laws are sound, their efficacy ultimately hinges on their implementation. In the wake of these femicide cases, social media has been an important tool for women to push for social change. Influencers on Instagram, X, Facebook, and other platforms raised their voices, demanding justice for the murdered women across Kenya. Activists used these platforms to sensitize and educate Kenyans on the current situation. Further, the Feminist March Against Femicide was organized to lobby for social change.

Further, social media was used to call for better governance from leaders. At first, there was a deafening silence from the police and leaders on this issue, especially from women leaders and women representatives who should be at the forefront of tackling this issue. When a few women leaders finally spoke, most of them resorted to victim blaming, one even urging women to stop being lazy and to avoid looking for easy money from men. Activists on social media bashed these responses, or lack thereof, pushing for better female leaders who push for the enjoyment and protection of basic women’s rights and freedoms.

The tragic wave of femicide cases in Kenya has brought the issue of gender-based violence to the forefront of national discourse. While Kenya's legal framework offers a valuable foundation, the fight against femicide necessitates a multi-pronged approach. Social media, with its inherent reach and ability to mobilize, has emerged as a powerful tool in this struggle. By amplifying the voices of victims and activists, fostering open dialogue, and holding leaders accountable, social media has the potential to challenge societal norms, bridge the gap between legal frameworks and their effective implementation, and ultimately, pave the way for a future free from femicide and violence against women.

By Lucy Cheruto