ADVOKS GLOBAL · KENYA
Protection Against Domestic Violence Act
2. Interpretation.
Edition: 2022-12-31 · In force
2. Interpretation.
In this Act, unless the context otherwise requires—"alternative residence" means the premises or accommodation which an applicant is or has been compelled to seek or move into because of domestic violence;"applicant" means—(a)a person who applies for a protection order under this Act; or(b)a person on whose behalf an application for a protection order under this Act is made;"applicant’s representative" means any one of the following persons who may make an application for a protection order on behalf of an applicant—(b)a social welfare officer;(c)an employer of the applicant;(d)the guardian of a child or a guardian appointed by the court;(e)a relative, neighbour or fellow employee of the applicant;(f)a medical practitioner;(i)a non-governmental organization concerned with the welfare of victims of domestic violence;(l)any other person or class of persons as may be specified by law."Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to social services;"children's officer" has the meaning assigned to it in section 37 of the Children Act (Cap. 141);"co-respondent" means a person against whom a protection order made under section 17 applies;"court" means a court having jurisdiction under section 24;"domestic relationship" has the meaning assigned to it in section 4;"domestic violence" has the meaning assigned to it in section 3;"Director of Children’s Services" has the meaning assigned to in section 37 of the Children Act (Cap. 141);"dwelling house" includes any mobile home or other means of shelter, placed or erected upon any land and intended for occupation on that land;"economic abuse" includes—(a)the unreasonable deprivation of economic or financial resources to which an applicant is entitled or which the applicant requires, including household necessities, medical expenses, school fees, rent, mortgage expenses or other similar expenses; and(b)the denial to the applicant of the right to seek employment or engage in any income-generating activity;"emotional, verbal or psychological abuse" means a pattern of degrading or humiliating conduct towards the applicant, including but not limited to the following—(a)repeated insults, ridicule or name-calling; and(b)repeated threats to cause emotional pain."enforcement officer" means a police officer or an officer designated as such by the Cabinet Secretary for the purposes of this Act;"harassment" means engaging in a pattern of conduct that induces in an applicant the fear of imminent harm, including—(a)watching or loitering outside or near the building or place where the applicant resides, works, carries on business, studies or happens to be;(b)repeated contact or attempts to contact the applicant by telephone, electronic means, post or otherwise, whether or not a conversation ensues; and(c)sending, delivering or causing the delivery of offensive or abusive documents or offensive objects to the applicant;"interim protection order" means an order made by the court pending the full hearing of a matter and the making of a final order;"intimidation" includes uttering or conveying a threat or causing an applicant to receive a threat which includes a fear of imminent harm to the applicant;"medical practitioner" has the meaning assigned to it in the Medical Practitioners and Dentists Act (Cap. 253);"parent" in relation to a child, includes a step parent, guardian of the child or a person with whom the child normally or regularly resides;"physical abuse" includes any act or threatened act of physical violence towards the applicant;"probation officer" has the meaning assigned to it in section 2 of the Probation of Offenders Act (Cap. 64);"property" in relation to a family member, means—(a)the property of the family member;(b)the property of any person situated in premises in which the family member lives or works; or(c)the property of any person that is being used by the family member;"protected person" in relation to a protection order, means—(a)the person for whose protection the order is made;(b)any child of that person;(c)any person for whose benefit the order applies under section 16;"protection order" means the final order made by the court in a matter concerning domestic violence;"respondent" means the person against whom an application for a protection order under this Act is made and includes a person against whom an order under this Act is made;"sexual abuse" has the meaning assigned to it in the Sexual Offences Act (Cap. 63A);"shared residence" means the premises at which the parties are, or have been, living as members of the same household;"social welfare officer" means a person registered as a social welfare worker;"stalking" includes pursuing or accosting a person;"victim" means a victim of domestic violence; and"virginity testing" is the practice and process or examination of a female's genitals for tears of the hymen.