ADVOKS GLOBAL · KENYA
Protection Against Domestic Violence Act
19. Contents of protection order.
Edition: 2022-12-31 · In force
19. Contents of protection order.
(1)A protection order may direct that a respondent shall not do any one or more of the following—(a)physically or sexually abuse or threaten to abuse the protected person;(b)damage, or threaten to damage, any property of the protected person;(c)engage, or threaten to engage, in behaviour including intimidation or harassment, which amounts to psychological abuse of the protected person;(d)encourage any person to engage in behaviour against the protected person where the behaviour, if engaged in by the respondent would be prohibited by the order;(e)engage, or threaten to engage, in behaviour including intimidation, harassment or stalking which amounts to emotional, verbal or psychological abuse of the protected person;(f)engage, or threaten to engage, in economic abuse of the protected person; or(g)engage, or threaten to engage, in cultural or customary rites or practices that abuse the protected person.(2)Without limiting the provisions of subsection (1) but subject to section 20, it shall be a condition of every protection order that at any time other than when the protected person and the respondent are, with the express consent of the protected person, living in the same dwelling house, the respondent shall not do any one or more of the following—(a)watch, loiter near, or prevent or hinder access to or from, the protected person's place of residence, business, employment, educational institution, or other place that the protected person visits often;(b)stalk the protected person or stop or accost the protected person in any place;(c)without the protected person's express consent, enter or remain on any land or building occupied by the protected person;(d)where the protected person is present on any land or building, enter or remain on that land or building, in circumstances that constitute a trespass; or(e)make any other contact with the protected person (whether by telephone correspondence, or otherwise), except such contact that is—(i)reasonably necessary in any emergency;(ii)permitted under any order or written agreement relating to custody of, or access to, any minor; or(iii)permitted under any special condition of the protection order.(3)Without prejudice to the provisions of this section, the court may in an order under this section—(a)subject to subsection (6), grant to any protected person the right of exclusive occupation of the shared residence or a specified part thereof by excluding the respondent from the shared residence or the specified part thereof, regardless of whether the shared residence is solely owned or leased by the respondent or jointly owned or leased by the parties;(b)require the respondent to permit any protected person to enter the shared residence, or to enter the residence of the respondent accompanied by any enforcement officer for the purpose of collecting the personal belongings of the protected person or persons;(c)require the respondent to permit any protected person to have the continued use of necessities which had previously been ordinarily used by the protected person or persons; or(d)give such other directions as may be necessary and incidental for the proper carrying into effect of any order made under paragraph (a), (b) or (c).(4)Before making an order which restricts the respondent's access to any premises, the court shall take into account—(a)the need to ensure that the protected person is protected from violence;(b)the welfare of any child affected by the order; and(c)the accommodation needs of all persons affected by the order.(5)Without prejudice to the provisions of this section, where an exclusion order has been made under this section, the court may—(a)direct the respondent to pay all expenses or emergency monetary relief in respect to the applicants needs and those of any child or dependant of the respondent;(b)award temporary custody of any child or dependant of the respondent to any person or institution and regulate access by the respondent to such child or dependant;(c)direct the respondent to afford the applicant or dependant access to their place of residence and use of the facilities associated therewith; and(d)direct the respondent to do or omit to do any act or thing which the court considers necessary or desirable for the well-being of the applicant or a dependant of the applicant.(6)Except so far as the exercise by the respondent of a right to occupy the shared residence, or to enter the alternative residence, may be suspended restricted, prohibited or restrained, by virtue of an order under subsection (3)(a) or (b), a protection order shall not affect any title or interest that the respondent or any other person might have in the said premises.(7)The court shall not make an order excluding the respondent from the whole of a shared residence that is solely or jointly owned or leased by the respondent unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being, and such order, where made, shall, in the case where the shared residence is jointly owned or leased by the parties, be—(a)revoked if a suitable alternative residence is found for the protected person or persons; or(b)revoked or varied upon the court being otherwise satisfied that it is no longer necessary for securing the personal safety of the protected person or persons.(8)Where, pursuant to a direction made under section 18, a protection order applies against a co-respondent, the provisions of this section shall, with necessary modifications, apply in respect of the co-respondent.