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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://citation.allacademic.com/meta/p182116_index.html Direct Link: HTML Code:

Ford, David. "Law and Custom in Controlling Domestic Violence Against Women in Kenya" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p182116_index.html>

Ford, D. , 2007-07-25 "Law and Custom in Controlling Domestic Violence Against Women in Kenya" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p182116_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper explores the interactions of law and custom in defining and controlling domestic violence against women. Kenya is generally regarded as a patriarchal society in which wife-beating is common. Women are dissuaded from seeking protection from abuse, in part, by cultural biases condoning wife-beating or for fear of stigmatization in their own communities. But as a developing nation, officially committed to securing the rights of women under the Universal Declaration of Human Rights, Kenya struggles to bring its penal code in line with women’s rights. Preventing men from battering women pits cultural practices against criminal law. Efforts to criminalize marital rape, for example, have failed amidst objections by a male-dominated Parliament, and women have difficulty accessing criminal justice for protection. Kenya has no crime specific to domestic violence, although the offense may be charged as an assault at the discretion of law enforcement. Should police happen to intervene at the scene of violence, a victim cannot be certain that they will protect her. Indeed, there have been reports of police further victimizing women by rape. This study explores the mutual accommodation of culture and law in confronting women abuse. It examines the considerable variation in customs regarding domestic violence among Kenya’s more than 30 distinct ethnic groups with respect to cultural acceptance of domestic violence against women. The paper concludes with an assessment of prospects for controlling domestic violence against women through informal cultural responses and formal state intervention.

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