Nominated Senator Hamida Kibwana /handout
Exposing someone's nude photographs or disparaging them online in a manner that causes psychological torture could be classified as gender-based violence and punishable under criminal trial.
The Social Protection (Amendment) Bill, 2026, seeks to expand the definition of gender-based violence to cover physical attacks and abuse perpetrated through technology.
This essentially brings online humiliation and threats within the scope of protection.
“Gender-based violence” means an act, whether physical or by use of technology, that results in physical, sexual or psychological harm or suffering,” the Bill states.
The proposed definition also covers threats of such acts, coercion and arbitrary deprivation that may endanger a person's safety, health and well-being, whether occurring in public or private life.
Sponsored by nominated Senator Hamida Kibwana, the Bill has been published for introduction in the Senate for first reading.
Beyond broadening the definition of gender-based violence, the legislation proposes the establishment of care facilities in every county to provide shelter and specialised support to survivors.
However, the Bill does not specify the number of facilities each county should establish or the funding required to construct, equip and operate them.
Under the proposed amendments to Section 6 of the Social Protection Act, county governments would be required to work with the National Land Commission to provide land for the construction of the facilities.
The centres would serve not only survivors of gender-based violence but also orphans, vulnerable children, poor older persons, people living with disabilities and other vulnerable populations.
The proposed amendments would also change Section 28 of the Act to expressly recognise victims of gender-based violence as persons in need of social protection.
This would place survivors within the existing framework for assisting vulnerable groups, potentially strengthening their access to shelter, specialised care and other support services.
The legislation further seeks to empower the Cabinet Secretary responsible for social protection to develop regulations prescribing “standards for the construction and administration of care facilities”.
The regulations would also establish “standards of specialised care for victims of gender-based violence”, providing a framework for the management of the proposed centres and the services offered to survivors.
In the memorandum accompanying the Bill, Kibwana says the proposed amendments are intended to strengthen the role of county governments in protecting vulnerable populations.
“The principal object of this Bill is to amend the Social Protection Act, 2025 in order to enhance the role of the county governments in social protection,” the memorandum states.
The senator argues that formally recognising survivors of gender-based violence within the social protection framework would improve their welfare and access to assistance.
“If enacted, the Bill will play a significant role in the protection of the persons who suffer gender-based violence and improve their social welfare,” the memorandum states.
Kibwana also argues that establishing care facilities would help Kenya fulfil its international obligations under the Convention on the Elimination of All Forms of Discrimination against Women.
