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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.
Senior Principal Magistrate James Mwaniki sentenced Daniel Nzomo after pleading guilty for beating up his wife Winfred Mwende at Kya-aka village in Muvau.
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.