CIVICUS discusses the rise in femicide cases in Kenya with Judy Gitau, lawyer and regional coordinator of Equality Now, a feminist organisation that uses the law to protect and promote the rights of women and girls.

Kenyan police used teargas to disperse a peaceful march held in the capital, Nairobi, to mark the International Day for the Elimination of Violence against Women. Protesters demanded action on the rising number of femicides. While President William Ruto has condemned the increase in femicides, his government has failed to take decisive action. Globally, according to United Nations Women, 85,000 women and girls were intentionally killed in 2023, with Africa bearing the heaviest burden with 2.9 victims per 100,000 people.

Is femicide on the rise, or is it more that civil society is raising awareness of the issue?

As femicide is not yet defined in Kenya’s legal framework, there’s no official data. But there’s evidence of both things: an increase in cases and greater public awareness. Open-source data from organisations such as Africa Hub shows an increase in femicides, and this is supported by recent police reports. At the end of November, for example, Kenyan police confirmed that 97 women had been killed in the previous three months, an average of more than one woman a day.

Civil society has played a crucial role in bringing femicide to the forefront by pushing for it to be formally recognised as a separate crime under the law. The lack of a legal definition means that femicide is often misclassified as general homicide, which casts a shadow over its gendered nature. A formal definition would allow for accurate documentation, create accountability mechanisms and inform targeted interventions.

The COVID-19 pandemic made such measures more urgent. Many women found themselves in lockdown with abusive partners, leading to an increase in intimate partner violence. The National Crime Research Centre found that many femicide victims had previously reported or fled abusive relationships, proving that femicides are not isolated incidents but predictable outcomes of unaddressed gender-based violence (GBV).

In addition to advocating for legal reform, civil society organisations campaign to raise public awareness, highlight the lack of shelters and psychosocial support and push for greater accountability. However, without the root causes of GBV, such as entrenched patriarchy and systemic gender inequality, being addressed, meaningful change will remain out of reach.

What do you think about the violent police response to protests against femicide?

Even before recent Gen Z-led protests against bad governance, femicide-focused protests across Kenya demonstrated public outrage at government inaction and lack of accountability. The violent police response emphasised the official neglect of women’s rights and safety in Kenya.

Protests are a vital exercise of civic freedoms. Crackdowns on protests silence voices demanding justice and signal that calls for accountability are unwelcome. The suppression of protests against femicide also showed a disturbing disregard for the urgency of concerns about women’s rights and safety.

This institutional indifference is further evidenced by the lack of a robust data collection policy on femicide, inadequate funding for shelters and reliance on civil society and the private sector to support survivors.

The state must do more than allow protests: it must respond to their demands. Ignoring the protests’ calls risks normalising GBV and deepening distrust in state institutions.

What needs to be done to address GBV?

The Kenyan government has only verbally condemned the rise in femicide, but hasn’t taken decisive action against it. At the very least, the government needs to establish a legal definition of femicide as a systemic, gender-based crime that includes intimate partner violence, among other manifestations. This would ensure accurate classification and bring greater focus to the issue.

Another important step is to improve data collection. Reliable statistics are essential for understanding the scope of the problem and designing effective, targeted interventions. Research institutions could help the government to identify patterns and causes of femicide.

The lack of resources and support infrastructure for vulnerable women and girls is also a pressing concern. Many survivors cannot access safe spaces or the psychosocial and economic support they need to rebuild their lives. Government at all levels must invest in shelters and empowerment programmes to address this gap.

Governments must also lead efforts to challenge harmful social norms that perpetuate violence. Patriarchal attitudes and gender stereotypes must be dismantled through nationwide awareness-raising campaigns that engage communities and national leaders in promoting gender equality.

Accountability for sexual and GBV needs to be strengthened, as many femicide victims were previously exposed to violent situations that went unaddressed. Law enforcement agencies need better training and resources to investigate and prosecute GBV cases effectively, adopting a survivor-centred approach. Without bold action, the cycle of violence will continue.

What gives you hope in the fight against GBV?

This fight is not optional – it’s a matter of life and death, so we can’t give up. We must continue to advocate for change and demand action. The stakes are simply too high.

Our past successes are a source of hope. Through coordinated efforts, Kenyan civil society has achieved significant victories. In 2021, for instance, it pushed the government to make a 12-point commitment to address GBV comprehensively, including pledges to allocate resources and implement targeted programmes. Although there’s been little tangible progress since, this was a good start.

Kenya’s legal framework also provides reason for hope. Laws are in place to hold perpetrators accountable and protect survivors. Enforcement is inconsistent, but the tools for change already exist. Now civil society must use them to demand state action to enforce women’s rights.

We must continue to work to stop GBV before it escalates to femicide. It requires a coordinated judicial response to tackle violence at its roots, and Kenya’s Court Users Committees provide a model for collaboration. By bringing together police, prosecutors, judges and health workers, these committees can identify gaps and ensure accountability across the justice chain. This framework can be used to prevent cases of violence falling through the cracks.

Data also has transformative potential. Many femicide victims had sought help multiple times, but the failure to document and act on this information often proved fatal. Requiring frontline responders, such as health workers, to report cases of violence and using this data to inform interventions can save lives.

Ultimately, the fight against GBV requires vigilance, collaboration and perseverance. While challenges remain, the tools and opportunities for meaningful change exist. Harnessing these resources can help turn the tide.