Last Change:

01/23/2025

Protection Against Domestic Violence Act

Year: 2015

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Protection Against Domestic Violence Act, 2015, provides legal measures in Kenya to prevent and address domestic violence. It protects victims by offering remedies such as protection orders, ensuring their safety and well-being, and criminalizing various forms of abuse within domestic settings.

Selected provisions
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.

Article 6.1 - Duties of police officers in relation to domestic violence

A police officer shall, upon receipt of a complaint of domestic violence or in a case where he or she believes that domestic violence has been or is being committed— (a) respond promptly to the complaint and shall offer protection to every victim of domestic violence; (b) render assistance to the victim as may be required in the circumstances, including assisting the victim to obtain medical treatment; and (c) inform the victim of all his or her rights under this Act and any other law.

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.