NAIROBI, Kenya — Kenya lacks a centralised, disaggregated and publicly accessible national data system on gender-based violence (GBV) and femicide, a critical gap that continues to undermine prevention, accountability and policy response, a presidentially appointed Technical Working Group (TWG) has revealed.
The findings come amid heightened public concern over a recent surge in GBV incidents, including femicide, despite Kenya’s progressive constitutional and legal framework that guarantees gender equality and the right to life.
The multi-sectoral team, chaired by former Deputy Chief Justice Nancy Baraza, warned that weak implementation of existing laws, entrenched patriarchal norms, low accountability, and fragmented survivor support systems continue to expose victims to violence while allowing perpetrators to act with near-impunity.
“Survivors face systemic and social barriers in accessing justice, protection, and recovery services. Many cases are underreported, poorly handled, or informally settled at the family or community level, undermining justice and reinforcing impunity,” the team noted in its report.
Femicide Not Recognised in Law
One of the most critical gaps identified by the TWG is the absence of a clear legal definition or stand-alone offence of femicide in Kenyan law.
Currently, femicide cases are prosecuted under general murder provisions, a practice the team said results in inconsistent handling and makes it impossible to generate meaningful data for prevention and accountability.
While physical and sexual violence attract policy attention, the report found that other pervasive forms of GBV — including economic, psychological, and online abuse — remain largely overlooked. Vulnerable groups such as persons with disabilities, as well as men and boys, face compounded invisibility in both public discourse and institutional responses.
Obstruction of Justice at the Community Level
The report raised alarm over widespread obstruction of justice at family and community levels, where GBV and even femicide cases are often resolved through clan elders or informal mechanisms.
These processes, the team said, frequently involve coercion, victim-blaming, and enforced silence, particularly where bride price, family honour, or kinship ties are involved.
Informal justice forums such as Nyumba Kumi structures and chiefs’ barazas — often the first point of contact for survivors — are neither legally empowered nor adequately trained to handle serious criminal offences.
In many cases, reconciliation or compensation is prioritised over prosecution, allowing perpetrators to evade justice.
The TWG also flagged the persistence of harmful cultural practices, including early child marriage, widow cleansing, beading and the medicalisation of female genital mutilation (FGM), despite years of advocacy and legal prohibitions.
Technology and Underfunding Worsen Crisis
The team warned that social media and digital platforms have become spaces for victim-blaming, misinformation, and the circulation of graphic content that retraumatises survivors and families. The absence of digital ethics guidelines and low digital literacy, the report said, has normalised online GBV and deepened a culture of desensitisation and impunity.
Chronic underfunding and fragmented coordination of GBV interventions at national and county levels further weaken response efforts. Most survivor services remain donor-dependent, while counties often lack dedicated budgets, trained personnel, and referral infrastructure.
Sweeping Reform Proposals
To address the crisis, the TWG proposed wide-ranging legal, policy, and institutional reforms. Key recommendations include amending the Penal Code to define femicide as a distinct offence, declaring GBV a national crisis, and establishing a National GBV and Femicide Response Fund.
Other proposals include mandatory CCTV installation in short-stay rentals, criminalising family- or clan-led interference in GBV cases, amending the Sexual Offences Act to bar withdrawal of cases once prosecution begins, and creating a National GBV Management Information System, Femicide Observatory and real-time public dashboard.
The team warned that the normalisation of GBV and femicide poses a direct threat to constitutional rights, community cohesion and national development.
“Addressing this crisis demands more than reforms on paper. It requires transformative action anchored in law, financed with intent, driven by data, and rooted in dignity for survivors,” the report stated.
President William Ruto has pledged to implement the recommendations.
