The place of battered women syndrome in the Kenyan criminal justice system
by admin on | 2024-09-05 20:51:37 Last Updated by admin on 2024-10-18 10:29:47
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Domestic violence is gut wrenching in itself but when it leads to a murder it’s most foul. Women are not socialized to be violent in response to danger, rather they are defensive. It is therefore alarming when it is reported that a woman killed their husband in a situation of domestic violence. In Kenya, our courts have been confronted with such cases and the greatest challenge for the woman has been to prove self-defense. It is usually difficult to satisfy the elements of self-defense primarily because traditional application of this defense does not take into account the unique difficult circumstances that women facing IPV have to endure. The majority of battered women who kill their abusers do so in response to some trigger in their current circumstances that, together with all of their past experiences, makes them feel as though danger to themselves or their loved ones is imminent. Unfortunately, by isolating the woman\'s acts from her abuse history, the legal system tends to decontextualize the murder. Consequently, the actions don\'t seem to be a reaction to impending danger or provocation, and as a result, they don\'t fit the conventional legal definition of self- defense. Without knowing the complexities of the abuse experience, the law\'s stringent application of self-defense and provocation overrides a woman\'s sense of immediate threat drawn from years of prior violence from their intimate partner. abusive relationships often remain with their abusers and, in some instances, resort to killing them. Additionally, it has ensured that these women receive fair trials and that their voices are heard in the judicial process. This paper includes three additional sections. Section two presents a case study of five cases, some of which involve the invocation and application of the doctrine, while others highlight situations where the doctrine could have been applied. Section three delves deeper into the findings from these cases, comparing them with practices in other jurisdictions. The conclusion will summarize the discussion and outline the potential path Kenya should take in recognizing and applying this doctrine, along with other concluding remarks.
