Legal Framework on sexual gender based violence (continuing)

Persons with Disabilities Act, 2003 

The Persons with Disabilities Act, 2003 has very progressive and responsive provisions to promote and protect the rights and freedoms of persons with disabilities both adults and children.

Penal Code Cap 63 (Revised Edition 2012)

There are various forms of sexual violence as expressed by the Penal Code, Cap 63, Laws of Kenya. These acts include defilement, indecent assault under section 250, Detention of females for immoral purposes under section 151.

This law does not sufficiently address Sexual Gender Based Violence (SGBV) but an inference can be made in the interpretation of the vice.

Other national instruments include the Criminal Procedure Code (Revised Edition 2012), the Prohibition of Female Genital Mutilation Act (2011), the National Gender and Equality Commission Act (2011), Prevention and response to school related gender based violence (SRGBV) is addressed in the Education Gender Policy (2007). The policy recommends mainstreaming of policies that address GBV at all education levels; establishing moralities for dealing with SGBV including harassment; developing of a framework for co-ordination of stakeholders involved in efforts of providing a safe learning environment, it is far from realizing its objectives due to low levels of legal and gender awareness among the educational stakeholders including the girls, boys, families and teachers.

By:

Ashioya Biko

Legal Officer, Kituo Cha Sheria

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