THE PROTECTION AGAINST DOMESTIC VIOLENCE ACT
No. 2 of 2015
Date of Assent: 14th May, 2015
Date of Commencement: 4th June, 2015
ARRANGEMENT OF SECTIONS
Section
PART I —PRELIMINARY
I —Short title.
2 — Interpretation.
3 —Meaning of domestic violence.
4—Meaning of domestic relationship.
5 —Meaning of family member.
PART 11—PROTECTION ORDERS
6—Duties of police officers in relation to domestic violence.
7—Information on offences involving domestic violence.
8— Application for protection order.
9—Application by children.
10—Application by person lacking capacity.
11 —Application on behalf of certain persons.
12— Application without notice for protection order.
13 —Power to make protection order.
14 — Counselling.
15—Existence of other proceeding not to preclude granting of protection order.
16—Protection of dependants.
17 —Protection from co-respondents.
18—Mutual orders.
19—Contents of protection order.
20—Further provision relating to prohibitions of contact.
21 —Duration of protection order.
1
,22—Breach of protection order.
23 —Arrest for breach of protection order.
PART HI—MODE OF APPLICATION
24—Applications by victims of domestic violence.
25— Applications by other parties.
26—Procedure in third party applications.
27 —Explanation of order.
28 —Persons who may be present during proceedings.
29—Evidence.
30—Appeal by respondent.
31 —Restrictions on reports of proceedings.
PART IV —MISCELLANEOUS PROVISIONS
32 —Compensation.
33 —General provisions as to offences.
34 —Provision on delegated powers.
2015 Protection Against Domestic Violence No. 2
-THE PROTECTION AGAINST DOMESTIC VIOLENCE ACT
AN ACT of Parliament to provide for the protection and relief of victims of domestic violence;
to provide for the protection of a spouse and any children or other dependent persons, and to
provide for matters connected therewith or incidental thereto ENACTED by the Parliament of
Kenya, as follows —
PART I—PRELIMINARY
1. This Act may be cited as the Protection Against Domestic Violence Act, 2015.
2. In this Act, unless the context otherwise Interpretation. requires-
"alternative residence" means the premises or accommodation which an applicant is or has been
compelled to seek or move into because of domestic violence;
applicant" means —
(a) a person who applies for a protection order under this Act; or
(b) a person on whose behalf an application for a protection order under this Act is made;
applicant's representative" means any one of the following persons who may make an application
for a protection order on behalf of an applicant —
2
, (a) a police officer;
(b) a social welfare officer;
(c) an employer of the applicant;
(d) the guardian of a child or a guardian appointed by the court;
(e) a relative, neighbour or fellow employee of the applicant;
(f) a medical practitioner;
(g) a counsellor;
(h) a probation officer;
(i) a non-governmental. organization concerned with the welfare of victims of domestic violence;
0) a religious leader;
(k) community elders; or
(1) any other person or class of persons as may be specified by law.
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters
relating to social services;
" children's officer" has the meaning assigned to it in section 37 of the Children Act, 2001;
"co-respondent" means a person against whom a protection order made under section 17 applies;
court" means a court having jurisdiction under section 24;
"domestic relationship" has the meaning assigned to it in section 4;
"domestic violence" has the meaning assigned to it in section 3;
"Director of Children's Services" has the meaning assigned to in section 37 of the Children Act
2001;
"dwelling house" includes any mobile home or other means of shelter, placed or erected upon
any land andintended for occupation on that land;
"economic abuse" includes-
(a) the unreasonable deprivation of economic or financial resources to which an applicant is
entitled or which the applicant requires, including household necessities, medical expenses,
school fees, rent, mortgage expenses or other similar expenses; and
(b) the denial to the applicant of the right to seek employment or engage in any income-
generating activity;
"emotional, verbal or psychological abuse" means a pattern of degrading ,or humiliating conduct
towards the applicant, including but not limited to the following —
(a) repeated insults, ridicule or name-calling; and
3
No. 2 of 2015
Date of Assent: 14th May, 2015
Date of Commencement: 4th June, 2015
ARRANGEMENT OF SECTIONS
Section
PART I —PRELIMINARY
I —Short title.
2 — Interpretation.
3 —Meaning of domestic violence.
4—Meaning of domestic relationship.
5 —Meaning of family member.
PART 11—PROTECTION ORDERS
6—Duties of police officers in relation to domestic violence.
7—Information on offences involving domestic violence.
8— Application for protection order.
9—Application by children.
10—Application by person lacking capacity.
11 —Application on behalf of certain persons.
12— Application without notice for protection order.
13 —Power to make protection order.
14 — Counselling.
15—Existence of other proceeding not to preclude granting of protection order.
16—Protection of dependants.
17 —Protection from co-respondents.
18—Mutual orders.
19—Contents of protection order.
20—Further provision relating to prohibitions of contact.
21 —Duration of protection order.
1
,22—Breach of protection order.
23 —Arrest for breach of protection order.
PART HI—MODE OF APPLICATION
24—Applications by victims of domestic violence.
25— Applications by other parties.
26—Procedure in third party applications.
27 —Explanation of order.
28 —Persons who may be present during proceedings.
29—Evidence.
30—Appeal by respondent.
31 —Restrictions on reports of proceedings.
PART IV —MISCELLANEOUS PROVISIONS
32 —Compensation.
33 —General provisions as to offences.
34 —Provision on delegated powers.
2015 Protection Against Domestic Violence No. 2
-THE PROTECTION AGAINST DOMESTIC VIOLENCE ACT
AN ACT of Parliament to provide for the protection and relief of victims of domestic violence;
to provide for the protection of a spouse and any children or other dependent persons, and to
provide for matters connected therewith or incidental thereto ENACTED by the Parliament of
Kenya, as follows —
PART I—PRELIMINARY
1. This Act may be cited as the Protection Against Domestic Violence Act, 2015.
2. In this Act, unless the context otherwise Interpretation. requires-
"alternative residence" means the premises or accommodation which an applicant is or has been
compelled to seek or move into because of domestic violence;
applicant" means —
(a) a person who applies for a protection order under this Act; or
(b) a person on whose behalf an application for a protection order under this Act is made;
applicant's representative" means any one of the following persons who may make an application
for a protection order on behalf of an applicant —
2
, (a) a police officer;
(b) a social welfare officer;
(c) an employer of the applicant;
(d) the guardian of a child or a guardian appointed by the court;
(e) a relative, neighbour or fellow employee of the applicant;
(f) a medical practitioner;
(g) a counsellor;
(h) a probation officer;
(i) a non-governmental. organization concerned with the welfare of victims of domestic violence;
0) a religious leader;
(k) community elders; or
(1) any other person or class of persons as may be specified by law.
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters
relating to social services;
" children's officer" has the meaning assigned to it in section 37 of the Children Act, 2001;
"co-respondent" means a person against whom a protection order made under section 17 applies;
court" means a court having jurisdiction under section 24;
"domestic relationship" has the meaning assigned to it in section 4;
"domestic violence" has the meaning assigned to it in section 3;
"Director of Children's Services" has the meaning assigned to in section 37 of the Children Act
2001;
"dwelling house" includes any mobile home or other means of shelter, placed or erected upon
any land andintended for occupation on that land;
"economic abuse" includes-
(a) the unreasonable deprivation of economic or financial resources to which an applicant is
entitled or which the applicant requires, including household necessities, medical expenses,
school fees, rent, mortgage expenses or other similar expenses; and
(b) the denial to the applicant of the right to seek employment or engage in any income-
generating activity;
"emotional, verbal or psychological abuse" means a pattern of degrading ,or humiliating conduct
towards the applicant, including but not limited to the following —
(a) repeated insults, ridicule or name-calling; and
3
