MOUNT KENYA UNIVERSITY

PARKLANDS CAMPUS

UNIT: LEGAL RESEARCH

PROJECT PRE- PROPOSAL BY: SHIRLEY J.BETT

BACHELORS IN LAW

REG NO ;BLAW/56047/2016

SPECIALIZATION; FAMILY LAW

FACILITATOR: DR. RUTH THIUNGURI

DATE: 19/09/2018

AN INVESTIGATION ON THE IMPACT OF THE PROTECTION AGAINST DOMESTIC

VIOLENCE ACT IN CURBING DOMESTIC VIOLENCE AGAINST WOMEN IN
NAIROBI COUNTY.
BACKGROUND AND CONTEXT OF THE PROBLEM

Domestic violence is unfortunately , a frequent part of the society ,Domestic violence has been
visible through history.The history is based in the Early Roman Society , a woman was deemed
to be the property of the husband and therefore subject to his control .According to early roman
law , a man could beat ,divorce and murder his wife for offences committed by her .they were
considered private matters 1domestic violence is a global matter and world health came up with
a study on resolving domestic violence by empowering women economically and socially
through a combination and skills training related to gender equality ,to promote communication
and relationship skills within couples , developing and resourcing national plans and policies to
address violence against women ,collaborating with international agencies and organizations to
reduce and eliminate violence globally through initiatives such as the violence against women
working group of international federation of women UN joint program on essential services
package for women subject to violence2Kenya is dealing with domestic violence by enacting
legislations that criminalize the perpetrators 3and the form organisations who give voice to the
voiceless and fight for the well being of abused victims .example Gender Violence recovery
centre.4 In a report from the state department on gender affairs done in 2017 five in every 10
women in Kenya in the age bracket of 15 to 49(about47%) have suffered from violence in
Kenya.

STATEMENT OF THE PROBLEM

1
https://www.cji.edu/site/assets/files/1921/domestic_abuse_report
2
www.who.int/news-room/fact -sheet/detail/violence-against -women
2
Penal code ,laws of Kenya section 250,251,253.

4
www.fromum.com/victim-support-10places-you-can-find-a shoulder -to-lean-on
 Violence against women continue to increase in Kenya,The protection against Domestic
Violence Act No 2 of 2015 was establishes to protect the rights against domestic violence in
Kenya and it criminalizes in accordance to the penal code cap 63 of 2009(revised) to those who
abuse this rights. Domestic violence against women has reflected worldwide and statistics shows
that women are overwhelming majority of victims Jonathan and Godffrey kipkorir Ngeno in
their research on the effects on domestic Violence in the family in Kenya (2010) grows and it is
becoming a big problem and they stated the causes to being the level of education, religion and
socio economic status. In a report from the state department on gender affairs done in 2017 five
in every 10 women in Kenya in the age bracket of 15 to 49(about47%) have suffered from
violence in Kenya.

If left unaddressed domestic violence will not only be seen as a norm but will also affect the
mental and physical health of the victim and in harsh circumstances it can lead to the death of the
said victim and this can also stigmatize women in the society. This project seeks to investigate
the effects of domestic violence laws against women in Nairobi.
RELATIONSHIP OF THE PROBLEM TO AN AREA OF SPECIALIZATION

These problems fall under The Protecting Against Domestic Violence Act.

PURPOSE OF THE STUDY

The purpose of study will investigate the impact on the protection against domestic violence Act
in curbing Domestic violence against women in Nairobi county

RESEARCH OBJECTIVES

The objectives of this study are;

1. To establish the relationship between The Protection Against Domestic Violence Act and
domestic violence in Kenya.
2. To determine legislative definition of domestic violence and comparison between Kenyan
definition and international definition of domestic violence in various international
legislations.

3. To establish different forms of domestic violence and relationship with legislation that
deal with family violence and violence against children.

4. Discuss the preconceived notion of domestic violence and evaluate whether such is
connected to lack of knowledge on policies related domestic violence.

5. Find out how effective The Protection Against Domestic Violence Act is in curbing
domestic violence in Kenya.
RESEARCH QUESTIONS

I. To what extent does The Protection Against Violence Act protect victims of domestic
violence?
II. What measures has the government taken to provide protection to the domestic violence
victims?
III. What is the perception of domestic violence victims and how they overcome such
situations?
IV. How do victims facing and or affected by domestic violence cope with the violence?
V. What triggers domestic violence in most families in Kenya?