New policy makes it difficult for women to leave abusive unions

Last week, First Lady Rachel Ruto officially launched the National Policy on Family Promotion and Protection. The document is expected to operationalise Article 45 of the Constitution, which recognises the family as the natural and fundamental unit of society and the necessary basis of social order.

While the policy recognises the different types of Kenyan families, it is essential to note that discrimination exists if your family does not look like what is stipulated within the policy. It is appalling that the policy fails to recognise the realities of many types of families, like refugee families and chosen families. Family means different things to different people, but at its core, it means love and support, which is non-existent in the launched policy. Instead, the policy places a great emphasis on “protecting marriage” from divorce without addressing the genuine reasons many women seek divorce in the first place.

This is worrying especially as Kenya witnesses numerous cases of femicide and intimate partner violence. By focusing on preventing divorce and making it more difficult for women to leave life-threatening situations, one wonders what the true goal of such a policy is. The policy, which seeks to encourage and promote dispute resolution processes to keep marriages together, has complex consequences for intimate partner violence and femicide in Kenya. Imagine a person going through a challenging and violent marriage, and the State’s priority is that of the sanctity of the same union that is committing harm. What are the safety nets and protection of the people involved? Why does divorce seem like a bad outcome in such relationships that cause harm, and is the government encouraging silence within marriages and unions? The home should be the safest place for all and a sanctuary, and the State should protect each family member from all forms of violence, including family violence.

On the one hand, supporting dispute resolution procedures that prioritise maintaining marriages may be viewed as a means of addressing family disintegration and lowering divorce rates. It would indicate a desire to maintain family unity and stability, which can have a good social and economic impact, particularly on children who would benefit from growing up in intact homes. However, this method may unintentionally reinforce detrimental gender relations and power imbalances within relationships, increasing the likelihood of intimate partner violence (IPV) and femicide.

In many circumstances, women who have been abused may be bullied or coerced into remaining in abusive relationships in order to preserve the family unit. This can perpetuate a cycle of violence and reinforce gender inequality within the household. In essence, the government, through this policy, is saying that if your marriage is not working and you are experiencing violence, stay put as our work is reducing divorces. The policy thus, intentionally or unintentionally, makes it difficult for survivors to leave abusive relationships and seek help because they are afraid of social stigma, judgment, or revenge from their partners.

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