There are no provisions under Kenyan domestic violence legislation.

There are no provisions under Kenyan domestic violence legislation.

Custody or visitation rights in domestic violence cases will be determined by the terms of the relevant protection order granted by a court, as follows:

• A person who is in a domestic relationship with a child (e.g., living with that child, a family member of some other close relationship) may apply to the court for a protection order in respect of that child.^[97]
• A child may apply to the court for a protection order via a friend, guardian, parent or welfare officer.^[98]

A court^[99] will not decline to make a protection order merely because there exists proceedings relating to the custody of or access to a minor.^[100]

We were unable to locate any special rules on custody and visitation outside the context of the Domestic Violence Act.

Yes, for protection orders. When making a protection order, the court will consider the following:^[101]

• the perception of the applicant or a child of the applicant's family, or both, of the nature and seriousness of the behavior in respect of which the application is made
• the effect of that behavior on the applicant or a child of the applicant's family, or both

We were unable to locate any special rules on testimonies for custody outside the context of the Domestic Violence Act.

We were unable to find specific rules on evictions by landlords. We searched in the Domestic Violence Act.

However, where a victim of domestic violence suffers financial loss as a result of the domestic violence, the court may award compensation for the loss as it deems just and reasonable.^[102] This may potentially compensate a victim tenant who is forced to move out of a residence as a result of domestic violence.

When determining compensation, courts will consider a range of factors, including the following:

• necessary and reasonable expenses incurred by or on behalf of the victim, such as the following:
  • lodging expenses to be contributed to a safe place or shelter
  • transport and moving expenses
  • the expenses required to set up a separate household, which may include housing loan payments or rental payments, in respect of the shared residence or alternative residence, as the case may be, for the period that the court considers just and reasonably necessary
• the financial position of the victim, as well as that of the abuser
• the relationship that exists between the parties and the reasonableness of requiring the abuser to make or contribute toward these payments
• the possibility of other proceedings being taken between the parties and the matter being more appropriately dealt with under the relevant laws relating to the financial provision of spouses or former spouses and other dependents

We were unable to find specific rules on the early termination of a lease by a tenant who is a victim of domestic violence.

Yes. Every protection order must set out certain conditions (the "noncontact condition"), which means that an abuser must not (without the victim's express consent) enter or remain on any land or building occupied by the protected person. This includes a prohibition on an abuser remaining in the same residence as a victim, unless the victim provides their express and voluntary consent to this.^[103]

Courts may also include restrictions in protection orders that grant any protected person the right of exclusive occupation of a shared residence or a specified part of a residence. This is achieved by the protection order excluding the abuser from the shared residence or the specified part of the residence:

• This may apply regardless of whether the shared residence is solely owned or leased by the abuser, or jointly owned or leased by the abuser and victim.^[104]
• However, a court will not make an order excluding the abuser from the whole of a shared residence if the abuser solely owns, leases or jointly owns the residence, unless the court is satisfied that there is no other way to secure the personal safety of any protected person for the time being. Where an order is made (and a shared residence is jointly owned or leased by the victim and the abuser), this order may be revoked if one of the following occurs:
  • a suitable alternative residence is found for the protected person or persons
  • if the order is no longer necessary to secure the personal safety of the protected person^[105]

Yes, if a protection order expressly addresses this.

Protection orders may direct the abuser to do or omit to do any act or thing that the court considers necessary or desirable for the well-being of the applicant or a dependent of the applicant. We anticipate that this could potentially include prohibiting an abuser from alienating or mortgaging a property in their name.^[106] However, we were unable to locate any examples in practice of these terms being agreed to by a court in a protection order.