Drawing the line between mutual matrimonial consent and marital rape in Kenya

Abstract

This Paper shall focus on sexual violence and abuse of women specifically marital rape in Kenya. A report done by the Kenya Demographic Health Survey (KDHS)2014 stated that one in ten married women in Kenya, who have experienced physical and sexual violence reported suffering deep wounds and serious injuries and preferred to stay silent on their experiences of domestic violence.1Currently, Kenya lacks a legal framework that makes marital rape a crime. The lack of law addressing the issue of marital rape poses a sociological question. That is, the development of the society where every individual has the privilege to enjoy their rights including the right to inherent dignity. To do this study, this paper shall consist of five chapters. Chapter one shall give a background to the study. Chapter two shall focus on the theoretical framework specifically focusing on the theory of feminism. Chapter three shall touch on marital rape in Kenya, chapter four shall do a comparative analysis between Kenya and South Africa and lastly, chapter five shall give the conclusion and recommendations.