‘STOP KILLING US!’ THE PLIGHT BY KENYAN WOMEN AGAINST THE RISING CASES OF FEMICIDE

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On Saturday, 27^th January 2024, thousands of women marched in the capital to protest against the alarming rise of violence against women after a series of women’s murders rocked the country. This marked the first and the largest anti-femicide demonstration in the country that saw women and feminists take to the streets to march against the rising cases of femicide.

Femicide is one of the most extreme forms of gender-based violence in Kenya. It is defined as the intentional killing of women and girls just by their nature of being women. It lays its distinction from other forms of murder or harm by the specific target it has on women just because of their gender.

The major causes of this enigma are firmly established in societal norms and the way of life. These include; the lower position women are placed in by society, discrimination, gender imbalance in social roles, unequal distribution of power and resources between women and men and strategic gender stereotypes. With the continuum of violence against women being accepted as a norm and justified, femicide will continue to prevail.

The Present statistics and historical data by Odipodev (Silencing women database) on femicide in Kenya captured that more than 500 deaths of women occurred between 2016 and 2023. In addition, more than 10 cases of Femicide have been reported in Kenya since 1^st January this year. This indicates the seriousness of the issue at hand and the need for urgent intervention. This then begs to analyze whether there are any laws in Kenya address the issue on femicide.

Kenya has ratified several international and regional human rights instruments which can be used to address the issue of femicide. Article 2(5) of the Constitution of Kenya 2010, provides that the general principles of International Law shall form part of the laws of Kenya. This means that all treaties and conventions which Kenya has ratified automatically form part of its domestic laws. The following are relevant legal instruments and Kenyan Legislation relating to Femicide.

1.      The Convention on Elimination of all forms of Discrimination against Women (CEDAW) of 1979. This convention does not explicitly recognize femicide as a human right violation, however it defines discrimination to include gender-based violence, that is, violence that is directed towards a woman because she is a woman or that affects a woman disproportionately. With regards to femicide, it instructs states under Article 2 to take appropriate action in law and policy to prevent discrimination against women.

2.      The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa of 2003 (Maputo Protocol). Article 4 prohibits all forms of inhumane and cruel treatment against women and obligates states to set up protection mechanisms to eradicate all forms of violence against women.

3.      The Constitution of Kenya, 2010. The constitution enshrines important principles that have an important bearing on Femicide in the country. Article 19(2) for instance recognizes the importance of protecting human rights and preserving the dignity of individuals. Articles 25(a), 29(d) and 50 prohibit all forms of torture or treatment that is cruel and inhumane. Further, Article 26(1) sets out that every person has the right to life and no person shall be deprived of life intentionally except to the extent authorized by the constitution.

4.      The Penal Code. It provides for criminal offences such as assault which have a bearing on the issue of femicide and are punishable by imprisonment.

5.      Protection against Domestic Violence Act (2015). This act addresses violence within a family set up or for persons in a domestic relationship. It provides protection and relief for the victims of domestic violence and creates prosecutable offences.

Recommendations

1.      Drafting of a global treaty on Femicide which directly addresses the violence meted towards women and girls and provides for protection mechanisms. The CEDAW for instance, only focuses on eliminating discrimination rather than the heinous acts committed against women. The violations that are inherent in femicide need to be specifically named rather than disguised under the umbrella of discrimination against women.

2.      Introduce a charge on Femicide as a separate legal charge from homicide. In Costa Rica, a law against femicide was introduced in 2007 which called for a prison sentence of 20 to 35 years for perpetrators of the act. Kenya could try and introduce this charge which will see a decrease in such cases and deter perpetrators from committing this crime.

3.      Shift the current public perceptions that seem to normalize the killing of women and blame the victims of the vice. This can be done by increasing awareness and educating the public about the inherent right to life that is available to every individual regardless of their values and beliefs.

4.      The Kenyan Government ought to break the silence and declare femicide a national crisis by setting up a commission to investigate and prosecute femicide cases. This will ensure justice is availed to the victims as well as deter persons from engaging in acts of violence in the future.

5.      Support women organizations that are at the forefront of activism around femicide in the country. This can be done through donations and financing and the media actively promoting public attention through media coverage.

In conclusion, Femicide is a plague that has attacked our nation and posed a huge threat hence the need for immediate attention and action. By challenging the existing misogynistic and victim-blaming ideologies that shift the blame onto the victim’s behavior, educating the society on the fundamental freedoms and rights of a person and strengthening the legal frameworks available, we can successfully end Femicide in the country. Collectively, we can create a safe environment for our women and girls where they can live freely without any fear of attack.

By: Michelle Mutanu and Eric Muturi, editors at the University of Nairobi Law Journal (UNLJ).