The Presidential Taskforce on Femicide and Gender-Based Violence has decried legal gaps hindering the group from conducting its duties.
While speaking on Thursday, May 22, the task force explained the lack of a specific law on femicide as a major challenge in handling femicide cases in the country.
“We have done our desk research, and we have noted there is no legal framework or law on femicide. What is defined in the law is murder. That is under the Penal Code and under the Criminal Procedure Code,” the task force stated.
Consequently, the task force stressed the need to develop a specific law on femicide to handle femicide cases better, particularly during criminal cases touching on the matter.
“What we seek to do is clearly define what exactly constitutes femicide in the country. By doing so, we will be distinguishing femicide from ordinary murder,” it noted.
“We know that femicide is an aggravated form of murder, and therefore, you cannot charge a person accused of femicide the same way you charge murder,” a representative of the task force added.
Lack of a substantive legal framework would seemingly complicate the prosecution of persons charged/accused of femicide in the country. This further complicates the operations of the task force, as it could render their mandate counterproductive.
Even so, they could still recommend policy changes such as the introduction of a femicide law, but this would then become the responsibility of lawmakers.
The latest comes despite millions being allocated to the team to conduct nationwide hearings on femicide. The group, being under the Gender Ministry, benefits from the funds as well as other resources from the government.
In November 2024, while directing a probe on femicide, President William Ruto allocated Ksh100 million and announced a 16-day campaign against gender-based violence.
Ruto followed this up by establishing a 42-member Technical Working Group on Gender-Based Violence (GBV) to fight the rising gender-based violence and femicide in January this year.
According to a Gazette Notice issued on Friday, January 10, the Head of State tapped Dr Nancy Baraza to head the committee. Ruto also appointed the Law Society of Kenya President, Faith Odhiambo and crime and investigative journalist Franklin Wallah as members of the committee.
The Committee was tasked with the responsibilities of assessing, reviewing, and recommending measures to strengthen the institutional, legal, and policy response to GBV and femicide in the country.
The group was to focus on identifying trends, strengthening legal frameworks, and proposing actionable measures to combat the pervasive issue.
The group was to report to the Deputy President through the Principal Secretary for Gender, who will chair an oversight committee comprising Principal Secretaries from various state departments.
The final report is expected within 90 days, with provisions for an extension if necessary. The Secretariat, based at the Ministry of Interior and National Administration, will coordinate the group’s activities, marking a significant step towards comprehensive solutions to GBV and femicide.
