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The elusive justice for women: a critical analysis of rape law and practice in Kenya

This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I the...

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Main Author: Lekakeny, Ruth Nekura
Other Authors: Smythe, Dee
Format: Thesis
Language:English
Published: Department of Public Law 2015
Subjects:
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access_status_str Open Access
author Lekakeny, Ruth Nekura
author2 Smythe, Dee
author_browse Lekakeny, Ruth Nekura
Smythe, Dee
author_facet Smythe, Dee
Lekakeny, Ruth Nekura
author_sort Lekakeny, Ruth Nekura
collection Thesis
description This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I then explore, as a secondary research question, whether an integrated service provision approach provides solutions to these challenges. Article 48 of the Constitution of Kenya provides that 'The state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice'27 This obligation places a tall order on the state and all its agents to ensure that anyone in pursuit of justice should access it with the minimum obstacles.
format Thesis
id oai:open.uct.ac.za:11427/15207
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:31.121Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2015
publishDateRange 2015
publishDateSort 2015
publisher Department of Public Law
publisherStr Department of Public Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/15207 The elusive justice for women: a critical analysis of rape law and practice in Kenya Lekakeny, Ruth Nekura Smythe, Dee Human Rights Law This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I then explore, as a secondary research question, whether an integrated service provision approach provides solutions to these challenges. Article 48 of the Constitution of Kenya provides that 'The state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice'27 This obligation places a tall order on the state and all its agents to ensure that anyone in pursuit of justice should access it with the minimum obstacles. 2015-11-21T09:39:29Z 2015-11-21T09:39:29Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15207 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Human Rights Law
Lekakeny, Ruth Nekura
The elusive justice for women: a critical analysis of rape law and practice in Kenya
thesis_degree_str Master's
title The elusive justice for women: a critical analysis of rape law and practice in Kenya
title_full The elusive justice for women: a critical analysis of rape law and practice in Kenya
title_fullStr The elusive justice for women: a critical analysis of rape law and practice in Kenya
title_full_unstemmed The elusive justice for women: a critical analysis of rape law and practice in Kenya
title_short The elusive justice for women: a critical analysis of rape law and practice in Kenya
title_sort elusive justice for women a critical analysis of rape law and practice in kenya
topic Human Rights Law
url http://hdl.handle.net/11427/15207
work_keys_str_mv AT lekakenyruthnekura theelusivejusticeforwomenacriticalanalysisofrapelawandpracticeinkenya
AT lekakenyruthnekura elusivejusticeforwomenacriticalanalysisofrapelawandpracticeinkenya