The couple was known to be the sweetest. Peaceful perhaps. Seeming always in agreement. Walking and smiling as though with no care. Then on that fateful morning, the coveters woke up to wails of a woman in distress. She was no more. Her husband had just knifed her to death. Another among many of the femicide cases.
Femicide was a term often used in the 1970’s by the feminist movement to refer to the killing of a woman because of her gender.2 Often, these women are killed by people who know them, intimate partners or ex-partners.3 The murders are motivated by “hate, contempt, pleasure or the assumption of ownership by men”.4
Globally, women are 6 times more likely to be affected by intimate partner killing than men.5 Studies done indicate that more than 35% of reported murders of women are by an intimate partner.6 Femicide has claimed 46 lives in five months in Kenya7 with counties such as Nairobi City, Kiambu and Nakuru on the lead.8
This act is mostly fueled by unemployment, gun ownership, drug use, spousal rape as well mental health problems.9 Mental health problems may lead to the man killing the wife, children and later committing suicide.10 Men involved in femicide are characterized by jealousy, possessiveness or fear of abandonment.11
The Constitution of Kenya provides for the right to life.12 It also provides for the freedom from torture13, the right to have one’s dignity respected14 and the right to equal treatment15. The penal code provides for the offence of murder16and manslaughter.17 The Protection Against Domestic Violence Act provides for a number of offences but not femicide. In the case of Republic v Paul Omondi Nondi,18 the accused was suspected and charged of killing a lover of four years. It was said that there were instances of domestic violence perpetrated by the accused to the deceased. The learned judge found that the evidence adduced was merely circumstantial and hence the accused was found not liable for murder. Witnesses adduced evidence of spotting the accused just around the time the deceased was murdered. There being no witness to the very act of killing the deceased, the accused was acquitted of the offence of murder.
In the case of Republic v Yasin Hamisi,19the accused was suspected of assaulting his wife causing grievous bodily harm that led to her death. He was charged with the offence of murder on account of the conflict that had ensued moments before, on his unfaithfulness in the marriage. For the offence of murder to be proven, evidence needs to be adduced showing that death actually occurred, the accused killed the victim, the death was unlawful as well as presence of malice aforethought.20The learned judge instead convicted him of the offence of manslaughter under the penal code for lack of malice aforethought. In the case of Republic v Johana Munyau Mweni,21 the accused was found guilty and convicted of the murder of his wife. The court observed that the case had arisen from instances of domestic violence. The deceased had reached out to her family in regard to the domestic violence. The learned judge observed that ‘a home is the city of refuge and should not be a place where one is to be on guard’. He further stated that with the rising cases of deaths occasioned by domestic violence or occurring in a family setting, the sentence on the accused should serve as a warning.
Some countries in Latin America have specific legislation on femicide.22 These laws consider aggravating factors surrounding the crime such as physical or sexual abuse.23 It raises great concern that Kenya has no specific legislation on femicide. The policies in place centre on domestic violence, which may not be sufficient in preventing femicide. However, of importance is to question the ability of the law to monitor private interactions. Would it not be an infringement on the right to privacy? Which is the greater evil? Femicide or the infringement on the right to privacy?
1 LL. B (UON), Legal Assistant at Mercy Kareithi & Company Advocates
2 Small Arms Survey, ‘Femicide: A Global Problem’ (February 2012)<http://www.smallarmssurvey.org/about
us/highlights/highlight-rn14.html> accessed July 19, 2019
3World Health Organization, ‘Understanding and addressing Violence Against Women: Femicide’
<https://apps.who.int/iris/itstream/handle/10665/77421/WHO_RHR_12.38_eng.pdf?sequence=1> accessed 19
July, 2019
4The Advocates for Human Rights, ‘Femicide’ (April 2019) <http://www.stopvaw.org/femicide> accessed July 9,
2019
5 Celeste Saccomano, The causes of femicide in Latin America (Master’s in International Relations, Academic
year 2014-2015)
6 Ibid (n 2)
7Mwikali Mutune, ‘Femicide Cases on the Rise in Kenya’(Akili Dada , 30 May
2019)<http://www.akilidada.org/femicide-cases-on-the-rise-in-kenya/>accessed 17/7/2019
8Amina Wako, ‘Nairobi becoming dangerous city for women as femicide continues to rise’ (Nairobi News, 16
April 2019)
<https://nairobinews.nation.co.ke/life/nairobi-dangerous-place-for-women>accessed July 17, 2019
9 Ibid (n 2)
10 Ibid (n 2)
11 UNODC, “Global Study on Homicide Gender Related Killing of Women and Girls”
12 The Constitution of Kenya 2010, art 26
13 ibid (n 12) art 25
14 ibid (n12) art 28
15 ibid (n 12) art 27
16 Penal Code CAP 63, s 203
17 ibid (n 16) s 202
18 Cr(murder) case no. 45 of 2015[2018] eKLR
19 Cr case 20 of 2013[2018] eKLR
20 Ibid (n 19)
21 [2018] eKLR
22 Global Americans Report, “Femicide and International Women’s Rights: An epidemic of violence in Latin
America” <https://theglobalamericans.org/reports/femicide-international-womens-rights/> accessed July 19, 2019
23 UNODC, “Global Study on Homicide Gender Related Killing of Women and Girls” pg 49
By Caroline Kimani
