ADVOKS GLOBAL · KENYA
Protection Against Domestic Violence Act
20. Further provisions relating to prohibitions of contact.
Edition: 2022-12-31 · In force
20. Further provisions relating to prohibitions of contact.
(1)The contents of a protection order specified in section 19(2) in this section referred to as "the non-contact condition" shall have effect except where the protected person and the respondent are with the express, voluntary consent of the protected person living in the same dwelling house, taking into account the vulnerability relating to the protected person.(2)The non-contact condition shall automatically be suspended for any period during which the protected person and the respondent, with the express, free and voluntary consent of the protected person, live in the same dwelling house.(3)Where the non-contact condition is suspended in accordance with subsection (2), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwelling house then (unless the protection order has been sooner discharged) the non-contact conditions shall automatically revive.(4)The non-contact condition may—(a)become suspended in accordance with subsection (2) on one or more occasions; or(b)revive in accordance with subsection (3) on one or more occasions.(5)Where, pursuant to a direction made under section 17, a protection order applies against a co-respondent, the provisions of this section shall with necessary modifications, apply in respect of the co-respondent.(6)References in this section to the consent of a protected person, or to the withdrawal of a protected person's consent, includes, as the case requires, the—(a)free and voluntary consent of a person (other than the respondent or, as the case may be, the co-respondent) who is specified, in a special condition of the protection order, on the protected person's behalf, in relation to the matter; and(b)withdrawal of consent by such a person in respect of an application for a direction pursuant to subsection (2).(7)In this section, where the protected person is a child, the court may, if satisfied that it is in the best interests of the child so to do, declare any purported consent to be null and void.