WUNRN
CRIMINALIZATION OF MARITAL RAPE IN KENYA
Christine W. Kung’u, Master of Laws thesis, 2011
Faculty of Law, University of Toronto
Abstract
Marital rape is not a criminal offence in Kenya. This thesis argues
that criminalization of marital rape in Kenya is a necessary but insufficient
means of addressing marital rape. It analyzes the Kenyan legal framework and
the international framework. The analysis of the international framework
focuses on the Convention on the Elimination of all forms of Discrimination
against Women (CEDAW). The thesis also includes a comparative analysis of how
South Africa and Zimbabwe have addressed marital rape, and an examination of
the benefits and limitations of criminal law in addressing marital rape.
Finally, it argues that an examination of the wrongful gender stereotypes of
married women is essential to create effective and holistic remedies; and that
wrongful gender stereotypes of married women violate their rights to equality
and non-discrimination and the right to be free from violence.
Author Contact: wanjirukungu@gmail.com
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