Battered women: a social-legal perspective of their experiences in Nairobi

Abstract

Domestic violence against women is a glaring problem in the world today. In Kenya, it began to emerge as a significant issue in the late 1960s. The phenomenon of battered women was not of course by any means a new one. What was new was its recognition as a problem requiring immediate attention. The prevailing situation underscores the primacy of looking at each case from its own experience, hence providing the study with a major cause' of departure. This study was undertaken among urban women of Nairobi. The study focuses on the victims themselves. It tries to investigate the victims' perception of violence, attempts to avoid or prevent violence, and the responses to their efforts,to obtain (outside} legal intervention. The study also tries to unriddle the puzzle of why battered women remain with their abusers:"sometimes for many years after violence begins The issue of domestic violence is explained,within the social . learning theoretical perspective.various techniques were engaged in the collection of data used in this study , These techniques include the use of a standard questionnaire which was administered to 112 purposely sampled respondents between June:and July 1992 informal discussions, key informants and documentary sources. Findings reveal that most battered women ,do not seek legal aid and' when they do, legal help agents are reluctant to become involved in cases of wife,battery. When they become involved.! then emphasis is on reconciliation, and the privacy of the family and' marriage. The findings also indicate that lack of adequate nursery provisions, women's poor earning power, and the legal and financial dependency of married women on their husbands are factors that make women powerless against male violence. In conclusion, it is noted that the hierarchical power structure of the family prevails that women should be dominated, and if they are recalcitrant, authority must be maintained even if it requires a degree of physical force;: The'-quest-ion in the minds of many is not if the use of force is justified, but rather centers on the question of how much is justified. Many people in positions.