Dear Harold,
I am a victim of domestic violence. My usband regularly assaults me (physically and verbally) on flimsy excuses. The assaults have impacted negatively on my personality as it occasionally happens as neighbours watch. I do not want to walk away from the marriage just yet as we have two children below eight who I believe need the love and care of both parents. However, I would appreciate legal advice on whether I can sue him in court should the battery continue as I fear he may one day maim or kill me.
Tina, Nairobi.
Dear Tina,
Recently, a Makueni court sentenced a man caught on camera assaulting his wife to 10 years in prison and two on probation.
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Legally, battery of a spouse amounts to a criminal offence. It is serious and has led to death as the violence increases in frequency and severity - especially when legal action is not taken against the perpetrator. Violent acts have nothing to do with love and never a subject for agreement and settling out of court.
Moreover, majority of members of society view domestic violence as a private dispute but the law thinks otherwise. Therefore, you should stand firm, report the matter to the nearest police station and obtain a P3 form to be filled by a medic and used as evidence in court. According to the Criminal Procedure Code, cases of assault can attract jail terms of between one to five years – with or without corporal punishment, depending on injuries inflicted to the complainant.