If you are in immediate danger, call 999 or 112. The national gender-based violence helpline, 1195, is free and open 24 hours a day. For a child at risk, call Childline Kenya on 116.
Domestic violence is not a private family matter. Kenyan law gives survivors the right to a court order protecting them from an abuser, and the police have specific duties to help. This guide explains how protection orders work under the Protection Against Domestic Violence Act, 2015.
What counts as domestic violence
Under section 3 of the Act, domestic violence means violence, a threat of violence or imminent danger to a person, by someone with whom they are or have been in a domestic relationship. It is much wider than physical assault. It includes:
- physical, sexual, emotional and psychological abuse;
- economic abuse, such as withholding money for necessities or taking control of a person’s income or property;
- harassment, stalking, intimidation and verbal abuse;
- damage to property; and
- harmful practices such as child marriage, female genital mutilation, forced marriage, forced wife inheritance, virginity testing and widow cleansing.
A single act can amount to domestic violence. So can a number of acts that form a pattern, even if each one seems minor on its own.
A domestic relationship includes current and former spouses, people who live or have lived together, people who have a child together, family members and others who share a household.
What a protection order can do
A protection order is a court order directing the abuser (the “respondent”) to stop the violence. Under section 19, an order may prohibit the respondent from:
- physically or sexually abusing you, or threatening to do so;
- damaging your property;
- psychological, emotional or economic abuse;
- watching or loitering near your home, workplace or school;
- stalking you, or entering your property without consent; and
- contacting you, except in an emergency or as allowed by arrangements for the children.
The court may also give you exclusive occupation of the shared home and make other directions needed for your protection.
Urgent protection without notice
You do not have to wait for a full hearing. Under section 12, the court may make an interim protection order without notifying the respondent first, including outside normal court hours, where delay would risk harm or undue hardship. The interim order lasts until the court replaces, varies or revokes it, usually after the respondent has had an opportunity to be heard.
Who can apply
- You, if you are in a domestic relationship with the abuser (section 8).
- A representative on your behalf, with the court’s permission. This includes a police officer, a social worker, a medical practitioner or a non-governmental organisation (section 8(4)).
- On behalf of a child, a parent or guardian, a children’s officer, a police officer or another person allowed by the Act (section 9).
- On behalf of an adult who lacks capacity, a police officer, a representative or another person with the court’s permission (section 10).
Applications are made to the Magistrates’ Courts (section 24).
Breaching a protection order is a crime
Under section 22, a respondent who has been served with a protection order and breaches it commits an offence punishable by a fine of up to KSh 100,000, imprisonment for up to 12 months, or both. Under section 23, a police officer may arrest a respondent without a warrant where there are reasonable grounds to believe the order has been breached.
The police must help
When domestic violence is reported, section 6 requires the police to:
- advise you of the help available, such as shelter and medical assistance, or otherwise assist you; and
- tell you of your right to apply for relief under the Act and to lodge a criminal complaint.
Many police stations have a gender desk where reports can be made in private. Make sure the report is entered in the Occurrence Book and note the OB number.
Evidence that helps your application
- Medical records and a completed P3 form. For sexual violence, a Post Rape Care (PRC) form completed at a health facility.
- Photographs of injuries and damaged property.
- Threatening messages, call logs, emails and voice notes.
- Statements from witnesses, such as neighbours, relatives or colleagues.
- The OB number from your police report.
After a sexual assault, seek medical care as soon as possible, and ideally within 72 hours, when preventive treatment is most effective.
Protection orders and criminal charges
A protection order is a civil remedy. It does not prevent a separate criminal prosecution for assault, sexual offences or other crimes, and you may pursue both at the same time.
Frequently asked questions
Does the Act protect men?
Yes. The Act protects any person in a domestic relationship, regardless of sex.
Will I have to leave my home?
Not necessarily. The court can order the respondent to leave and give you exclusive occupation of the shared home.
Do I need a lawyer to apply?
No. You can apply yourself. Free legal help is available from organisations such as FIDA-Kenya and the National Legal Aid Service, and an advocate can prepare and present the application for you.
How we can help
We act for survivors of domestic violence in applications for protection orders, and in related matters such as custody, maintenance and matrimonial property. We treat every enquiry in confidence. Contact Odek Law Advocates.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific situation.