FAMBA DEBRAH

ALRW
G34/142394/2021
DRAFT PROPOSAL
CONTENTS PAGE
 Introduction 2
 Historical background 2
 Problem statement 3
 Research question 3
 Hypothesis 4
 Theoretical framework 4
 Literature review 5
 Justification 6
 Methodology 6
 Conclusion 7
 References 7
BREAKING THE CYCLE OF SILENCE; THE STATE OF GENDER BASED VIOLENCE IN
KENYA
INTRODUCTION
Gender-Based Violence (GBV) is a pervasive and profoundly embedded problem that affects
individuals and communities globally. It can take many different forms, such as physical, sexual,
emotional, or financial abuse, and is typically directed at someone based on their gender. GBV is
a sign of deeper power disparities and gender inequality that affect almost every community,
regardless of location, ethnicity, culture, class, or religion.
Gender Based Violence (GBV) has been defined as any act of gender-based violence that results
in physical, sexual or psychological harm or suffering, including threats of such acts, coercion or
arbitrary deprivations of liberty, whether occurring in public or private life. 1 Gender-based
violence (GBV) stems from socially constructed distinctions between men and women. The
distribution of roles, attitudes, and values that the community considers suitable for each sex can
be understood as gender. These positions establish the distribution of power between men and
women in terms of decision-making and resource ownership. They are learned and reinforced
through interactions in the home and community.
This study seeks to find why Gender based violence is still prevalent in most Kenyan households
despite the measures put in place to avert it. It also seeks analyze critically why women are
mostly the victims of GBV. It also seeks to explore further why the males who may also be
victims would rather choose to remain silent when affected than report the matter to relevant
authorities. This research would cover various forms of Gender Based Violence too.
HISTORICAL BACKGROUND OF GBV
Like in many other countries, historical, cultural, social, and economic variables play a
significant part in the prevalence of gender-based violence (GBV) in Kenya. Examining the
several factors that have led to the prevalence of GBV in Kenya is necessary to comprehend how
it came to be. It is essential to recognize that GBV is an elaborate issue whose causes cannot all
be traced to one source. Rather, it's the outcome of a combination of historical and modern
variables. Here are some key aspects to highlight;
In Kenya, gender roles and societal structures were significantly impacted by the colonial era.
Due to the disruption of traditional civilizations caused by colonial policy, several tribes became
marginalized. The imposition of gender norms and Western values served to strengthen
patriarchal institutions.

1
UN Declaration on Elimination of Violence Against Women
Many Kenyan communities have traditionally assigned men and women different tasks and
obligations based on traditional gender roles. These roles frequently support unequal power
relations and contribute to the perpetuation of violence
Female genital mutilation (FGM) and child marriage are two harmful traditional practices that
have increased the vulnerability of women and children to violence. In the private
sphere, cultural norms and societal expectations may accept or even encourage some forms of
violence.
Power inequalities in relationships can be a result of economic inequality, which often include
restricted access to opportunities i.e. in workplaces and resources in schools. Certain people may
be more susceptible to abuse due to their economic dependence on the other party to provide for
their needs.
In Kenya, periods of political unrest and conflict have been linked to higher rates of gender-
based violence. Violence may be employed as a weapon of dominance and control in certain
situations.
Historically, there may have been a lack of legal frameworks and protections to address GBV.
Even when laws are in place, enforcement and implementation may be inadequate. The
stigmatization of survivors and the culture of silence around violent crimes lead to
underreporting and make it difficult to effectively combat GBV. Limited access to education and
awareness about gender equality may contribute to the perpetuation of harmful beliefs and
practices.
GBV has complicated and multidimensional roots in Kenya, involving historical, cultural,
economic, and social issues. A comprehensive strategy must be implemented to address GBV,
one that includes education, awareness campaigns, legal reforms, and attempts to change deeply
rooted societal norms and attitudes. In order to establish a culture in which gender-based
violence is not accepted, ongoing activities in Kenya seek to confront and alter these
fundamental causes.
PROBLEM STATEMENT
Despite the rising cases of gender-based violence in Kenya, most of the victims are yet to receive
the justice they undeniably deserve. Nevertheless, the victims of gender-based violence find it
difficult to open up due to lack of the right channels to express themselves and the stigma that is
directed towards the victims especially men. In as much as we live in a patriarchal society, men
should be able to communicate when they are abused without the fear of being judged.
Some communities still continue to practice female genital mutilation which is rather very
archaic and harmful to the women that have to deal with it. The psychological torture is just as
harmful as the bodily harm. The FGM practice should also come to a halt due to how fatal it
could be.
This research aims to find out the causes of gender-based violence in most Kenyan households.
Why FGM is still practiced in some communities despite it being harmful with no real benefits
associated with it. Moreover, it seeks to find ways of preventing these activities from going on
and finding ways in which the victims can access justice through the right channels.
Furthermore, it seeks to help men who are victims of GBV not be afraid to open up when abused.
RESEARCH QUESTIONS
This study is guided by the following questions;
1. What are the main forms of GBV and their causes?
2. Why GBV is still prevalent in most Kenyan households despite the measures put in
place?
3. Why men who are victims of GBV would rather stay silent than report to relevant
authorities?
4. Why are the policies and measures that have been put in place by the law not serving the
rightful purpose?
THESIS STATEMENT
The following premises serve as basis for this study;
1. Traditional gender norms and cultural practices contribute to the perpetuation of gender-
based violence in Kenya.
2. Economic inequality and limited access to resources are associated with higher rates of
gender-based violence in Kenya.
3. Strengthening legal frameworks and improving their enforcement is associated with a
reduction in gender-based violence in Kenya.
4. Community-based interventions and awareness campaigns contribute to a reduction in
gender-based violence in specific regions of Kenya.
5. The role education plays in combating GBV

THEORETICAL FRAMEWORK
The legal theory of feminist jurisprudence is centered on the political, economic, and social
aspects of equality. Feminist jurisprudence emerged as an academic discipline in the 1960s. It
now plays a major role in Contemporary legal philosophy and legislation, and it has a
considerable impact on discussions of discrimination, sexual and domestic abuse. Feminist
theories provide insights into the connection between masculinity, power, and violence. They
suggest that violence can be a mechanism through which men assert masculinity, and that gender
as a social structure influences the opportunities for, and rewards of, violent behavior.2
Human Rights Perspective: Analyzing GBV from a human rights perspective views violence as a
violation of basic human rights. International human rights research advocates for the protection
and promotion of women's rights as a fundamental aspect of addressing and preventing GBV.3

2
Madeline Schneider, Jennifer S. Hirsch-Trauma, Violence, & Abuse, 2018
3
Noorfarah Merali-Psychology of Women Quarterly, 2008
LITERATURE REVIEW
In Kenya, gender-based violence (GBV) is still a prevalent and deeply ingrained social problem
that affects a great number of people and impedes the country's efforts to achieve gender
equality. GBV is a complicated and multidimensional problem that includes a variety of abusive
behaviors that disproportionately impact people based on their gender, with females frequently
suffering the most severe outcomes. The objective of this literature review is to shed light on the
underlying causes and effects on victims of gender-based violence in Kenya. Through a review
of previous academic publications and reports from different scholars, this review seeks to
provide a thorough grasp of the difficulties associated with gender-based violence in Kenya and
to add to the current conversation about prevention, intervention, and support measures for
victims.
Article 25(a) of the Kenyan Constitution of 2010, provides for freedom from torture and cruel,
inhuman or degrading treatment or punishment [Link] protects everyone from all forms of
violence or abuse. Article 28 stipulates that “Every person has inherent dignity and the right to
have that dignity respected”.5 Article 29(d) further stipulates that no person should be subjected
to torture in any manner whether physical or psychological6.
One of the most severe and potentially fatal types of GVB is sexual violence (SGBV). Conflict
situations are where it mostly shows up. Particularly at risk are marginalized populations
including single mothers, people without formal education, and residents of slum areas. It's
challenging to gauge the extent of SGBV. Almost everyone agrees that cases that are recorded
only make up a small portion of the total picture. Even in ordinary circumstances, sexual assault
will go undetected because of fear, guilt, helplessness, a lack of support system, or the
unpredictability of government services. The stigma associated with GBV increases the physical
and mental health impact it has on the victims, as well as the chances of experiencing additional
violence.
Some forms of Sexual violence are such as harmful traditional practices like Female Genital
Mutilation and early forced marriages .The Kenya Demographic and Health Survey states that up
to 45% of women have experienced physical and sexual violence most of them being between
the ages of [Link] half of those who had been married have experienced either emotional,
physical or sexual violence.7 Women are also largely at risk of FGM, the prevalence rate in
Kenya being 27 percent involves partial or total removal of external female genitalia or injury of
female organs for cultural or other non-therapeutic reasons. This is a practice that is totally
archaic and should be abolished in this modern day and age.

4
Constitution of Kenya 2010, article 25
5
Constitution of Kenya 2010, Article 28
6
Kenyan Constitution 2010, Article 29
7
Policy Brief No. 26 June 2012, overview of GBV
Moreover, children also experience sexual violence but due to the stigma and family shame
surrounding it, most of the perpetrators just go scot-free. At times, the family silence is bought
forgetting the impact it had on the victim and the trauma that comes with it.
While it is quite clear that women are mostly the victims of gender-based violence in Kenya, we
cannot ignore the fact that some men suffer too, though silently. This is mostly due to the shame
and stigma surrounding it. In A Case of the Gusii of Kenya by Javan Zaumambo his study
established that GBV against men is real. Men are exposed to various forms of abuse, most of the
times coming from their spouses. Verbal abuse is the most prevalent. The case established that
most of the victims and survivors of domestic violence choose to remain silent. Gender based
violence has adverse effects on the individuals. Despite there being laws protecting people from
abuse, it still happens within us.8
Although forced male circumcision has not yet been recognized as a specified gendered human
right in International Humanitarian Law, the article by Jessica Auchter in International Affairs
93(6) assesses these acts by considering them in the context of the post-election violence in
Kenya in [Link] male circumcision was used in the context of political violence and
militia-led and often state sanctioned-terror. Often times sexual violence is usually directed
towards women preventing proper prosecution of forced male circumcisions in Kenya and
Sexual violence against men more generally. Sexual violence against men has to do with
emasculation in which perpetrators intend to feminize their victims by rendering them weak,
violated and passive which is opposite of the stereotypical masculine ideals. Legal accountability
for sexual violence more broadly depends on our ability to appropriately account for cases in
Kenya, both politically and legally, if one's relationship to femininity is a fundamental problem
in sexual violence, regardless of the gender of the victims. 9In as much as male circumcision is
carried out as a health measure, the steps taken to achieve this was not properly followed in the
circumstances above.
A study that was carried out to investigate the drivers of domestic violence in Kenya and
specifically in Kirinyaga county revealed that the main triggers of domestic violence against men
included the desire of women to dominate, emotional dissonance, peer influence and failure to
shoulder family [Link] traits such as alcohol dissonance, peer influence and
failure to offer family support are not desirable traits in a family unit, domestic violence is
absolutely not the right measure to take since we are all aware that two wrongs don’t make a
right. There are more peaceful means of handling such a situation like taking it to a court of law.
In conclusion, GBV is pervasive and a serious human rights violation that receives insufficient
attention from both grassroots activists and policymakers. This type of violence has wide-ranging
effects, undermining not only an individual's health and well-being but also the growth of their
community and society at large. The women who have suffered are mostly from low-income
families. Therefore, the focus of GBV prevention should be on empowering individuals on a
socioeconomic level and educating them about their rights.

8
A Case of the Gusii of Kenya by Javan Zaumamb006F
9
Article by Jessica Auchter in International Affairs
10
African Journal of Gender, Society and Development 10(3),87 2021
JUSTIFICATION FOR THE STUDY
GBV has a detrimental impact on people, their families, and the community as a whole in all of
its forms. GBV causes suffering and psychological damage on an individual basis. GBV
frequently leads to the dissolution of families on a social level. Due to higher costs associated
with health care, social services, the criminal and civil justice systems, employee absenteeism,
and decreased output and productivity, GBV places a financial strain on the government. GBV
produces a political environment that is unfair and prevents everyone impacted from having a
voice in decisions that affect their growth.
The term "GBV" is frequently misinterpreted and is commonly assumed to refer to "a women
only issue." Boys and men are frequently excluded from conversations on GBV prevention and
are seen as rivals rather than allies. Nonetheless, GBV affects both men and women, boys and
girls, and all have a crucial part to play in influencing societal perceptions and averting GBV.
Misinformation is frequently the result of this misconception.
The stigma attached to persons impacted by GBV is another element that makes responding to
GBV more difficult. GBV case reporting is so restricted. Furthermore, survivors of violence are
not often well-informed about where to turn for support. This research contributes to the
debunking of these myths and facilitates efficient GBV response and prevention.
METHODOLOGY
This research shall be conducted through open access journals, encyclopedias and precedents
from previous case laws. This research will also be enriched with statutes, subsidiary legislation
and government policy papers regarding gender-based violence in Kenya.
CONCLUSION
In conclusion this research will identify the existing gaps in the legislative policies that govern
Gender based Violence in Kenya and make recommendation that I deem fit to avert it.

References
UN Declaration on Elimination of Violence Against Women
Constitution of Kenya 2010
Policy Brief overview of GBV
Kenya National Guidelines on Management of sexual violence
A Case of the Gusii of Kenya by Javan Zaumamb006F
Article by Jessica Auchter in International Affairs
African Journal of Gender, Society and Development 10(3),87 2021