ADVOKS GLOBAL · KENYA
Protection Against Domestic Violence Act
16. Protection of dependants.
Edition: 2022-12-31 · In force
16. Protection of dependants.
(1)Where the court makes a protection order, the order shall apply for the benefit of any child of the applicant's family.(2)Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant has a domestic relationship.(3)No direction may be made pursuant to subsection (2) in respect of a person unless the court is satisfied that—(a)the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a domestic relationship, would amount to domestic violence against the person;(b)the respondent's behaviour towards the person is due, in whole or in part, to the applicant's domestic relationship with the person;(c)the making of a direction under this section is necessary for the protection of the person; and(d)where practicable, the person consents to the direction being made.(4)Section 12(2) and (5) shall apply, with the necessary modifications, in respect of an application for a direction pursuant to subsection (2).