Kenya’s Technical Working Group on GBV and the Fight Against Femicide

In November 2025, a sobering document was placed before the President of the Republic of Kenya. Titled the Report of the Technical Working Group on Gender-Based Violence (GBV) Including Femicide, it was chaired by former Deputy Chief Justice Dr. Nancy Baraza and presented to President William Samoei Ruto.

But this is not just another government report.

It is a mirror.

A mirror reflecting the grief of mothers who buried daughters.
A mirror reflecting survivors turned away at police stations.
A mirror reflecting a country with a progressive Constitution, yet struggling to protect the lives it promises to defend.

At Legal Express Kenya, we break down what this report means, why it matters, and what must happen next.

Why Was the Technical Working Group Formed?

In January 2025, following an alarming rise in killings of women and girls, the President established a Technical Working Group (TWG) through Gazette Notice No. 109 of 10th January 2025.

The move followed:

Escalating cases of femicide
Public outrage across counties
Social media campaigns demanding accountability
Persistent failures in investigation and prosecution

The Constitution guarantees:

Article 26 – Right to Life
Article 27 – Equality and Freedom from Discrimination
Article 28 – Human Dignity
Article 29 – Freedom and Security of the Person
Article 48 – Access to Justice

Yet, the report admits what many Kenyans already know:
There is a painful gap between the law on paper and justice in practice.

What Is Femicide, And Why Is It Legally Invisible?

The report defines femicide as:

The intentional killing of women or girls because of their gender.

In Kenya, however, femicide is not a stand-alone offence. It is prosecuted as murder under the Penal Code.

This has serious consequences:

No clear legal elements specific to gender-motivated killing
No proper disaggregated national data
Inconsistent investigation standards
Limited policy focus

The TWG recommends amending the Penal Code to formally define and codify femicide as a distinct offence.

Why This Matters

Globally, countries like South Africa and parts of Latin America have begun recognizing femicide distinctly to address systemic gender-based killing.

At the African level, the newly adopted African Union Convention on Ending Violence Against Women and Girls (2025) recognizes femicide as a distinct crime, a milestone for the continent.

Kenya now stands at a legal crossroads.

What the Data Reveals: A National Crisis

The report highlights:

34% of Kenyan women have experienced physical violence since age 15 (KDHS 2022)
Women aged 30–44 are the most affected
Counties like Nairobi, Meru, and Nakuru record high prevalence
Rising cases of Technology-Facilitated Gender-Based Violence (TFGBV)

This includes:

Cyberstalking
Online harassment
Non-consensual sharing of intimate images
Deepfake exploitation
Digital surveillance

Violence has evolved.
The law is struggling to keep up.

Families, Culture, and the Obstruction of Justice

One of the most painful findings in the report is this:

Families often obstruct justice.

Cases are:

Settled through clan negotiations
Resolved through compensation
Silenced to “protect family honour”
Withdrawn after coercion

The TWG recommends criminalising interference in GBV cases, including clan-led settlements in criminal matters like femicide.

This recommendation challenges deeply rooted cultural practices.
It forces us to ask uncomfortable questions:

When does reconciliation become complicity?
When does silence become participation in injustice?

The Role of Social Media: Advocate and Accomplice

Social media has been both:

A tool for awareness (#StopFemicideKE, #MyDressMyChoice)
A space for victim-blaming and misinformation

Graphic images circulate without consent.
Survivors are shamed.
Families are retraumatised.

The report calls for:

A GBV Digital Ethics Code
Stronger platform accountability
Trauma-informed journalism training
Real-time reporting systems linked to helplines

In a digital Kenya, justice must also be digital.

Chronic Underfunding and Fragmented Systems

The report exposes another harsh truth:

Kenya’s GBV response system is severely underfunded.

Problems include:

Donor dependency
Limited county budgets
Manual data systems
No centralized national database
Fragmented coordination between police, health facilities, ODPP, and Judiciary

The TWG recommends:

A National GBV and Femicide Response Fund
A Gender-Based Violence Management Information System
A National GBV and Femicide Observatory
Mandatory budget lines at national and county levels

Without money, training, and systems, even the best laws fail.

Learning from Past Legal Developments in Kenya

Kenya has made progress before:

The Sexual Offences Act (2006) strengthened prosecution of sexual crimes
The Protection Against Domestic Violence Act (2015) introduced protective mechanisms
The Prohibition of FGM Act criminalised harmful cultural practices

Each law came after public pressure and national reflection.

But as courts have repeatedly emphasized in constitutional jurisprudence:
Rights must be practical and effective, not theoretical or illusory.

The TWG report echoes that same judicial philosophy.