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VOL.6 August 2014
The Letter of the Law
Proposed bill in Kenya comes down hard on violation of women and children’s rights
By Gitonga Njeru

A new bill that has already gone through its first reading in the Kenyan Parliament makes forced marriages, virginity testing, and forced wife inheritance (marrying a late brother's wife) illegal.

The proposed law, if passed by both the Kenyan Parliament and Senate chambers, will also make widow cleansing illegal, classifying all these categories as domestic violence.

Widow cleansing is a practice in which a widow is forced to have unprotected sex with one of the deceased's male relatives, with a view of exorcising the ghost, or impurities, of her late husband and supposedly provides protection for the widow, her children and the whole village.

Millie Adhiambo Mabona, a veteran Kenyan politician and a current serving member of Parliament, said all women members of Parliament have vowed to pass the bill. Women legislators make up 40 percent of the representation in both chambers.

"We as MPs want to pass this bill as there is hope in punishing those who violate the rights of women and children. Also as a government, we have to curb the spread of HIV associated with widow cleansing and forced wife inheritance. Under the new proposed law, police will not require a warrant of arrest of the accused person. Also, it allows victims of domestic violence to apply for a protection order through a police officer, guardian, or a children's officer," Mabona told ChinAfrica.

The bill is widely expected to become a law by the end of the year as Kenya's President Uhuru Kenyatta has also promised to sign it, according to Mabona. Another aspect of the bill is that it could curb many cases of child abuse in the country.

"There are a lot of people who rape women and children, ending up infecting them with HIV and other venereal diseases. Under the new proposed law, anyone convicted will serve a minimum of 25 years in prison," said Mabona. Last year alone, there were about 3,076 reported cases of various forms of child abuse in Kenya. About 451 went before a judge and only 43 ended in convictions, because of a lack of a defining law.

All forms of domestic violence, such as wife and husband battery are also on the bill's agenda.

"If the law is passed, it will be the first of its kind, not just in Africa, but the entire world. Even indecent exposure will be included in the proposed law," Beth Mugo, a nominated Senator and former Health Minister in Kenya, told ChinAfrica.

Forced marriages of widows and children is another area Mugo is deeply concerned about.

"Many women who are married off forcefully do not usually get to inherit their late husband's property. Those who refuse may even end up getting killed or raped. The lucky ones escape to urban areas and introduce themselves to prostitution to find solace from their problem. Some may be HIV positive and end up infecting their clients," said Mugo.

While the proposed law has been lauded by women and children's rights activists, it also seeks to protect the sexual rights of men.

"Offenders will be scared stiff and we will curb many vices, including sexual perversions, which are immoral," said Naomi Shebesh, a vocal Kenyan member of Parliament.

While Kenyan laws allow women and children to inherit land, the proposed bill gives women the right to inherit land and other properties left behind by their husbands, something that will work in the favor of Millicent Mwangi, a young widowed mother of two. She was almost forced into marriage after the death of her husband. She resisted and now has a court case pending to determine her inheritance. She is among a growing trend of Kenyan women who are increasingly getting to know their rights.

"My late husband's brother wanted to sleep with me and forcefully marry me. He told me if I refuse, I will not inherit any of my late husband's property. I then went to court to file a case to inherit property," said Mwangi.

She adds that she has already won the first round of the case since her late husband's brother has offered her an out of court settlement.

Adan Duale, an MP and Majority leader in the Kenyan Parliament representing the ruling party, said most members of parliament support the president as they were elected through the ruling political party of Jubilee Coalition and represented 68 percent of all seats in Parliament and the Senate.

(Reporting from Kenya)

 

 

 

 

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