Exploring the boundaries of conjugal rights: marital rape as a criminal offence in Kenya

Abstract

In Kenya, marital rape is not recognized as a criminal offence. This dissertation therefore argues that criminalizing the act is not only a necessary but sufficient means of tackling the issue. The marital rape exemption in Kenya is a form of discrimination to the victims of the act as they do not have the necessary legal backing to tackle the issue. I shall therefore analyse the theories that have so far been used to uphold the marital rape exemption. This shall be followed by scrutinizing the necessity to criminalize marital rape from a human rights perspective. This research shall seek to tackle the challenges that continue to inhibit the criminalization of marital rape. I will argue that an examination of the wrongful gender stereotypes of married women is essential to create effective and holistic remedies and that wrongful gender stereotypes of married women violate their rights to equality and non-discrimination and the right to be free from violence.