5.2 CONCLUSION
The study has confirmed that domestic violence is a significant problem in Kenya. The presence of multiple laws does not guarantee to alleviate the menace that women, men, and children face within their homes.
Members of the community also share part of the blame by challenging the implementation of domestic violence that men, women, and children are facing. Where the relevant laws are not enforced, it gives no relief to citizens.
Prevention services should aim to improve access to education, health, and social services and reduce poverty and gender inequalities. Strategies aimed at the protection of victims of domestic violence should address the root cause of this violation.
There is a need to reserve the aforementioned shortcomings like police ignorance that impedes the protection of DV victims. Retrogressive cultural beliefs that harbor realization of justice in matters of domestic violence. Ignorance and illiteracy levels are still high among the people.
With the number of cases rising during this Covid-19 pandemic due to quarantine quagmire, domestic violence laws need to be harmonized and effectively implemented no more than ever.
5.3 Recommendations
The study recommends that it is high time that the government and the community recognize the effects of domestic violence and its impacts on its victims and respond properly to those who are affected. It is time that victims/survivors are treated with sensitivity and respect by the legal system and the community
The government should also create shelter homes where victims can run to. Where they are protected from the perpetrators on occasions where a protection order will not suffice.
The government should also establish guidance and counseling programs where they are given guidance and counseling.
Overall, there is a slow case of institutional mechanisms to support the full implementation of the protection Against Domestic violence Act, which makes it difficult for survivors to benefit from its provisions.
The Protection Against Domestic Violence should be reviewed to include
Education
This research has proved that there is a connection between education and domestic violence. Most of the respondents were uneducated. Lack of education is attributed to various reasons, such as lack of finances. The government should endeavor to provide free education to everyone to encourage people to enroll in school and especially women, for they have been discriminated against in the past.
Cultural practices
Domestic violence in Kenya is majorly tolerated and enabled by repugnant cultural beliefs. The government should create awareness of this vice and back this by threats to those who commit this heinous crime.
The government should develop ways to creatively use these cultural practices to eradicate domestic violence as opposed to encourage the use of violence in domestic settings.
Domestic violence victims should be encouraged to refuse to accept domestic violence and report when they have been abused. They should be educated that the issue of domestic is not shameful. Society should also be educated on handling domestic violence; for instance, neighbors to report when they suspect domestic violence.
Most cultural practices that encourage the use of violence seek to diminish women. Hence, the government should seek ways to empower women in these communities to regard women as higher status.
Poverty
The research has shown that there is a nexus between poverty and domestic violence. One of the challenges in Kenya is the lack of jobs. The government should create more jobs for all people, including youth, to be economically independent.
The government should increase salaries.
The government should support the informal sector for them to create more jobs.
Gender discrimination
According to the Constitution of Kenya 2010, everyone is equal before the law, and no one should be discriminated against. The government should take measures to ensure that women are not discriminated against. Women should be encouraged to take leadership positions; they should be encouraged to raise their bargaining power and be economically independent.
The protection against domestic violence Act should make provisions for penalties for domestic violence unique crimes affecting women victims such as wife inheritance and widow cleansing.
Other Recommendations
The protection against domestic violence Act should be amended to cover each crime with its respective punishment to be independent and avoid prosecution and the judges from relying on the penal code for the general provisions under the code.
The government should provide pro bono legal services to domestic violence victims who majorly are women and children who cannot afford legal representation and other legal services. This means that the government can partner with various legal firms and other stakeholders to provide these services.
The government should partner with other institutions to provide guidance and counseling to the victims. Domestic violence perpetrators may also require guidance and counseling to understand the source of their violence, whether it is psychological or social. This will help the government clearly understand the root cause and stop domestic violence at the lowest level.
There is a need to develop effective enforcement mechanisms for the laws that cover domestic violence, for instance, the Protection Against Domestic Violence Act 2015.
Domestic violence is both a civil and a criminal wrong. Due to this nature, the government should establish special courts that deal with domestic violence only. Perpetrators can be charged with civil as well as criminal charges at the same time. This will speed up domestic violence cases, and therefore the victims will be able to access justice expeditiously.
The government should also educate its officials, such as police officers, on dealing with these delicate cases of domestic violence. How they deal with such cases will determine whether the victims report cases or not.
Domestic violence victims’ medical bills should be covered by the government, where they face physical abuse and emotional abuse.
The government should create hotlines and help lines where victims of a domestic violence call in case of any emergency.