Domestic violence Bill ignites battle of the sexes in House

Male MPs Wednesday abandoned their women colleagues in the august House during debate on a Bill to protect the victims of domestic violence. The male MPs termed the Protection Against Domestic Violence Bill as a threat to the family unit.

Majority Leader Aden Duale (Garissa Township) and Deputy Minority Leader Jakoyo Midiwo led their male colleagues in dismissing the Bill as "vague", "ambiguous" and not fit for the multi-cultural Kenyan society. They termed the law a waste of parliamentary time.

It was an eye-opening session as some MPs confessed that one of their colleagues was locked out of his home after his wife refused to open the door. Benson Makali (Kitui Central) even advocated for wife-beating saying it was a "sign of love" in some cultures.

Jimmy Angwenyi (Kitutu Chache North) wondered why those backing the Bill were keen to bring policemen into people's bedrooms.

"Why do you create a law to punish your mother-in-law or father-in-law? That is the grandmother or grandfather of your children. This is foreign!" Mr Duale said.

Duale said the definitions of "emotional", "economic", "verbal", and "psychological" abuse was ambiguous, because it opens the law to multiple interpretations.

"Some of the things that we want to create in legislation, can be solved through our holy scriptures and after that, through our cultural traditions. We should be very careful how we create laws for the bedroom, for the sitting room and for the family," said Duale.

The Majority Leader said the Bill is likely to mess family values, adding that "stalking and verbal abuse" are vague.

"We want harmony in our families. We don't want to use the courts and jails to deal with societal issues," said Duale.

Mr Midiwo said the proposed law had "a few good things" to tame domestic violence. He said a Bill that teaches morals, attitudes and values would have been more important.

"You talk about emotional abuse and psychological abuse. If you were in your house and your opposite was in her bad days and she's not talking. So today I cannot eat fish and she doesn't care, would I accuse her of domestic violence?" asked Midiwo.

He said some women with money are now targeting young men.

"If you look at a nicely dressed woman, and she doesn't like you looking at her, that's sexual harassment. How then shall we meet women if when we see a good one it is sexual harassment," asked Midiwo.

Mr Makali said there is nothing like marital rape. He said the Bill gives police too much power to interfere with domestic problems, more so, in case of an argument.

"Where I come from, in the Kamba culture, there's nothing like sexual harassment between a husband and a wife. When you pay the three goats, you are given 100 per cent authority to engage in that act without any question. In a situation where you do otherwise, the in-laws will be called," said Makali.

The Bill provides for safe houses for women, counselling and reconciliation for the victims, and simply keeps the weaker spouse from being abused.

Florence Kajuju (Meru) said there are vulnerable people in many families and there is no law or custom that supports violence. 

"Let us look at this Bill not as a battle of sexes but as a legislation meant to help us move forward," said Denittah Ghati (Migori). Minority Leader Francis Nyenze and TNA chairman Johnson Sakaja were the only men who backed the Bill.