1 Introduction and background information
Kenya despite the developments in the legal landscape to address sexual and gender based violence continues to be plagued by a high prevalence, 26% of women aged 15-49 years reported having experienced intimate partner physical and/or sexual violence , which infringes on victims/survivors’ human rights often leaving them with life-long physical, psychological and social scars and sometimes resulting in death. In the last one more than 100 years or so, criminogenic literature has pointed to growing concern towards the treatment of the perpetrator/offender vis-à-vis the effects of the offender’s actions on the victim. The passing of the UN Universal Declaration of Human Rights in 1948 , moved to prevent recurrence of the violations witnessed in
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The theory will be relevant in the research as the Victims Protection Act provides for state services by the Cabinet Secretary in all counties. However this is dependent on availability of funds. Government services are not provided for lack of funds yet the members of Parliament want to increase their salaries. The placement of the victim/survivor under the witness protection programme may however be plagued with implementation problems due to lack of funds.
6.2 The sociological theory.
It interrogates the source of law and the effects of the law in the society. The jurists of this school of thought see the law as giving rights to individuals that are alienable and inherit. The social contract is where individuals entrust their rights to elected leaders who in turn give rules and laws to guide their interactions for social order and control. This theory will assist the study in trying to critic the extent to which perpetrators of rape view the law and whether survivors find the law all inclusive in the protection of their rights.
7 The human rights