Date of publication:

01/08/2026

Kenya

Do domestic laws and policies establish measures to prevent and respond to gender-based violence committed against forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

Kenya’s legal framework includes robust protections against gender-based violence (GBV), ensuring that forcibly displaced persons, stateless individuals, and refugees—particularly women and girls—receive specialized protection services. GBV response programs provide emergency medical care, trauma counseling, legal assistance, and safe shelter options for survivors. Authorities are required to investigate and prosecute GBV cases, ensuring that perpetrators are held accountable. In refugee-hosting areas, Kenya works with humanitarian organizations, women’s rights groups, and law enforcement agencies to implement preventive measures, including awareness campaigns, survivor support services, and protection programs for at-risk individuals. Strengthening GBV prevention and response mechanisms ensures that all individuals, regardless of their immigration status, receive protection from violence and exploitation.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 27 - Equality and Freedom from Discrimination

    Every person is equal before the law and has the right to equal protection and equal benefit of the law.

    Article 29 - Freedom and security of the person

    Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.

    Act No. 3 of 2006, The Sexual Offences Act 2006

    Legal provision

    Section 5 - Sexual assault

    (1) Any person who unlawfully— (a) penetrates the genital organs of another person with— (i) any part of the body of another or that person; or (ii) an object manipulated by another or that person except where such penetration is carried out for proper and professional hygienic or medical purposes; (b) manipulates any part of his or her body or the body of another person so as to cause penetration of the genital organ into or by any part of the other person’s body, is guilty of an offence termed sexual assault. (2) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term of not less than ten years but which may be enhanced to imprisonment for life.

    Section 3 - Rape

    (1) A person commits the offence termed rape if— (a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs; (b) the other person does not consent to the penetration; or (c) the consent is obtained by force or by means of threats or intimidation of any kind. (2) In this section the term “intentionally and unlawfully” has the meaning assigned to it in section 43 of this Act. (3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.

    Section 4 - Attempted rape

    Any person who attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organs is guilty of the offence of attempted rape and is liable upon conviction for imprisonment for a term which shall not be less than five years but which may be enhanced to imprisonment for life.

    Protection Against Domestic Violence Act

    Legal provision

    Section 3 - Meaning of domestic violence

    This Act applies to all persons who are in a domestic relationship, including a child, and provides for the protection and relief of victims of domestic violence.

    Section 8 - Application for protection order

    (1) A person who is in a domestic relationship with another person may apply to the Court for a protection order in respect of that other person. (2) Where the person who is eligible to apply for a protection order is a child, the application may be made by a representative in accordance with section 9 (2). (3) Where the person who is eligible to apply for a protection order is a person to whom section 10 applies, the application may be made by an applicant's representative in accordance with that section. (4) Anapplicant's representative may, withtheleaveof thecourt, withor without the consent of the applicant, make an application for a protection order or any other order the court considers fit to award. (5) An applicant's representative who makes an application under subsection (4) shall seek the leave of the court together with such other orders as the court deems fit to award in the circumstances. (6) Where the person who is eligible to apply for a protection order is not a child but is unable, in the circumstances specified in section 10 (1) (b), to make the application personally, an application may be made on that person's behalf by a representative appointed in accordance with section 11.

    National Policy for Prevention and Response to Gender-Based Violence

    Legal provision

    National Policy for Prevention and Response to Gender-Based Violence, 2014 - Generic

    National Policy for Prevention and Response to Gender-Based Violence, 2014 - Generic

    National Prevention and Response Plan on Violence Against Children, 2019-2023

    Legal provision

    National Prevention and Response Plan on Violence Against Children, 2019-2023 - Generic

    National Prevention and Response Plan on Violence Against Children, 2019-2023 - Generic

    The Children Act

    Legal provision

    Section 53.1 - Protection from Abuse, Neglect, and Harm

    A child shall have the right to be protected from all forms of violence, abuse, neglect, harmful practices, and any other acts or omissions that may affect their well-being.