Section 1 of The Protection Against Domestic Violence Act CAP. 151: Short title.
This Act may be cited as the Protection Against Domestic Violence Act.
The Protection Against Domestic Violence Act CAP. 151 in Kenya
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34 resultsSection 2 of The Protection Against Domestic Violence Act CAP. 151: Interpretation.
In this Act, unless the context otherwise 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 p…
Section 3 of The Protection Against Domestic Violence Act CAP. 151: Meaning of domestic violence.
In this Act, "violence" means— (a) abuse that includes— (i) child marriage; (ii) female genital mutilation; (iii) forced marriage; (iv) forced wife inheritance; (v) interference from in-laws; (vi) sexual violence within marriage; (vii) virginity testing; and (viii) widow cleansing; (ix) depriving th…
Section 4 of The Protection Against Domestic Violence Act CAP. 151: Meaning of domestic relationship.
(1) For the purposes of this Act, a person shall be deemed to be in a domestic relationship with another person if the person— (a) is married to that other person; (b) has previously been married to that other person; (c) is living in the same household with that person; (d) has been in a marriage w…
Section 5 of The Protection Against Domestic Violence Act CAP. 151: Meaning of family member.
(1) For purposes of this Act, 'family member', means— (a) a spouse; (b) a child including an adopted child, a step-child and a foster child; (c) an adult son or daughter; (d) a parent; (e) a sibling; or (f) any other relative of that person who, in the circumstances of the case, should be regarded a…
Section 6 of The Protection Against Domestic Violence Act CAP. 151: Duties of police officers in relation to domestic violence.
(1) A person to whom a complaint of domestic violence is made or who investigates any such complaint shall— (a) advise the complainant of all relief measures available to the complainant, including access to shelter, medical assistance or they shall assist the complainant in any other suitable way;…
Section 7 of The Protection Against Domestic Violence Act CAP. 151: Information on offences involving domestic violence.
(1) Any person who reasonably suspects that an offence of domestic violence is being or has been committed may give such information to the police officers or any other person in authority. (2) Any person who attacks, intimidates or harms a person who reports domestic violence commits an offence. (3…
Section 8 of The Protection Against Domestic Violence Act CAP. 151: Application for protection order.
(1) A person who is in a domestic relationship with another person may apply to the Court for a protection order in respect of that other person. (2) Where the person who is eligible to apply for a protection order is a child, the application may be made by a representative in accordance with sectio…
Section 9 of The Protection Against Domestic Violence Act CAP. 151: Application by children.
(1) Application by children. (1) Subject to subsection (2), a child may make an application for a protection order under this Act. (2) A child may make the application for a protection order through— (a) parent or guardian; (b) a children officer; (c) the Director of Children's Services: (d) a polic…
Section 10 of The Protection Against Domestic Violence Act CAP. 151: Application by person lacking capacity.
(1) The provisions of this section shall apply to any other person (not being a child) who— (a) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or (b) has the capacit…
Section 11 of The Protection Against Domestic Violence Act CAP. 151: Application on behalf of certain persons.
(1) This section applies to a person entitled to a protection order who is incapable of applying for a protection order and for whom it is necessary to make a protection order. (2) Any person may apply to the court to be appointed as a representative of the person referred to in subsection (1) for t…
Section 12 of The Protection Against Domestic Violence Act CAP. 151: Application without notice for protection order.
(1) An interim protection order may be made on an application without notice and outside ordinary court hours or on a day which is not an ordinary court day, if the court is satisfied that delay would be caused by proceedings on notice or might entail— (a) a risk of harm; or (b) undue hardship to th…
Section 13 of The Protection Against Domestic Violence Act CAP. 151: Power to make protection order.
(1) The court may make a protection order if it is satisfied that— (a) the respondent is using, or has used, domestic violence against the applicant, or a child of the applicant's family or both; and (b) the making of an order is necessary for the protection of the applicant or a child of the applic…
Section 14 of The Protection Against Domestic Violence Act CAP. 151: Counselling.
(1) The Court may, taking into account the circumstances of each case, direct the parties to participate in counselling and conciliation programmes or any other programme that is acceptable to the Court. (2) The counselling provided shall be aimed at ensuring respect for the law prohibiting domestic…
Section 15 of The Protection Against Domestic Violence Act CAP. 151: Existence of other proceeding not to preclude granting of protection order.
(1) A court shall not decline to make a protection order merely because of the existence of other proceedings (including, but not limited to, proceedings relating to custody of, or access to, a minor) between or relating to the parties, whether or not those proceedings also relate to any other perso…
Section 16 of The Protection Against Domestic Violence Act CAP. 151: Protection of dependants.
(1) Where the court makes a protection order, the order shall apply for the benefit of any child of the applicant's family. (2) Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant…
Section 17 of The Protection Against Domestic Violence Act CAP. 151: Protection from co-respondents.
(1) Subject to subsection (2), where the court makes a protection order against the respondent, the court may also direct that the order apply against a person who aids and abets the respondent. (2) Section 12 (2) to (5) shall apply, with the necessary modification, in respect of an application for…
Section 18 of The Protection Against Domestic Violence Act CAP. 151: Mutual orders.
Nothing in this Act shall be construed as preventing the court, in the course of determining an application, from granting a protection order, in favour of the respondent even though no application has been made by the respondent.
Section 19 of The Protection Against Domestic Violence Act CAP. 151: Contents of protection order.
(1) A protection order may direct that a respondent shall not do any one or more of the following— (a) physically or sexually abuse or threaten to abuse the protected person; (b) damage, or threaten to damage, any property of the protected person; (c) engage, or threaten to engage, in behaviour incl…
Section 20 of The Protection Against Domestic Violence Act CAP. 151: Further provisions relating to prohibitions of contact.
(1) The contents of a protection order specified in section 19 (2) in this section referred to as "the noncontact condition" shall have effect except where the protected person and the respondent are with the express, voluntary consent of the protected person living in the same dwelling house, takin…
Section 21 of The Protection Against Domestic Violence Act CAP. 151: Duration of protection order.
A protection order shall remain in force for such period as may be specified by the court and may be reviewed, from time to time, depending on the circumstances.
Section 22 of The Protection Against Domestic Violence Act CAP. 151: Breach of protection order.
A respondent who has been served with a copy of a protection order and who contravenes the order in any respect, commits an offence and is liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a period not exceeding twelve months, or to both.
Section 23 of The Protection Against Domestic Violence Act CAP. 151: Arrest for breach of protection order.
(1) A police officer may, without warrant, if he or she believes on reasonable ground that any person has committed an offence under section 22 , arrest and detain the person. (2) Without limiting the provisions of subsection (1), in exercising the powers conferred by that subsection, a police offic…
Section 24 of The Protection Against Domestic Violence Act CAP. 151: Application by victims of domestic violence.
(1) Jurisdiction for any proceedings under this Act shall be vested in the Resident Magistrates' Courts. (2) An application for a protection order shall be lodged with the court and, where directed by the court shall— (a) be supported by the affidavit of any person who can depone to matters which ar…
Section 25 of The Protection Against Domestic Violence Act CAP. 151: Applications by other parties.
Where the application for a protection order is made by a person other than the actual victim of domestic violence, the person making the application shall, as soon as reasonably practicable after the making of the application, cause a copy thereof to be served on the victim personally or, where the…
Section 26 of The Protection Against Domestic Violence Act CAP. 151: Procedure in third party applications.
In any case where an application for a protection order is made by a person, other than the actual victim of domestic violence, the court shall not commence or continue the hearing of the application if the victim, or if the victim is a child or a physically, mentally, intellectually or sensory chal…
Section 27 of The Protection Against Domestic Violence Act CAP. 151: Explanation of order.
(1) Where the court proposes to make a protection order and the respondent is before the court, the court shall, before making the order, explain to the respondent— (a) the purpose, term and effect of the proposed order; (b) the consequences that may follow if the respondent fails to comply with the…
Section 28 of The Protection Against Domestic Violence Act CAP. 151: Persons who may be present during proceedings.
(1) No person shall be present during the hearing of any proceeding under this Act except— (a) an officer of the court; (b) parties to the proceedings and their advocates, if any; (c) a representative, if any; (d) witnesses; and (e) any other person whom the court permits to be present. (2) A witnes…
Section 29 of The Protection Against Domestic Violence Act CAP. 151: Evidence.
In any proceedings under this Act, and during hearing in the first instance or during hearing of an appeal, or otherwise, the court may receive any evidence it thinks fit, for the fair determination of the case.
Section 30 of The Protection Against Domestic Violence Act CAP. 151: Appeal by respondent.
(1) The respondent may appeal to the High Court against the making of a protection order or any term thereof within thirty days of the date of the order. (2) An appeal under subsection (1) shall not stay the operation of the order unless the respondent moves the court for an order of stay. (3) The c…