Megan Tess* and Maisy Mueni* 

'What is not seen is not addressed. If you don't name them [femicides], they do not exist. Those who are not reporting femicides are dissolving or erasing the problem because they do not understand it'

Griselda Nuñez^[1]

'…and that is why you women are being killed' a phrase often invoked in Kenya to dismiss femicide, reflects a societal tendency to normalise gender-based violence.[2] It is a simplistic yet misguided justification for the act of femicide, and the reasons being justified. Most of which, surpass the peak of absurdity and could never be brought up as credible defences in a court of law.

This statement has become normalised, and its impact often goes unnoticed or is casually dismissed and treated differently from an everyday conversation. So, is femicide in itself. Cultures around the world still deeply embed violence against women, rendering it almost invisible. Particularly, where patriarchal norms and gender inequality are deeply embedded.[3] These include Africa, where social norms perpetuate violence. Male dominance, and disciplining a woman, in such a case, is considered a man's traditional right.[4] Additionally, in Central Asia, domestic violence is widely accepted as a normal part of married life.^[5] Its prevalence has desensitised people to the alarming reality and the fact that far too often, violence against women and girls in all its various forms ends in femicide.^[6]

The World Health Organisation defines femicide as the intentional killing of a woman or girl motivated by gender-related factors.^[7] It can also be the deliberate killing with a gender-related motive. It is different from homicide, where the motive may not be gender-related.^[8] It often stems from deep-rooted discrimination against women and girls. This is reinforced by unequal power dynamics, gender stereotypes, and harmful social norms. It is usually a representation of the most brutal form of violence.[9] This also includes intimate partner violence, sexual harassment, various forms of sexual violence, harmful practices, and human trafficking.^[10]

Usikimye, a Kenyan organisation dedicated to combating gender-based violence (GBV) and providing support to survivors, has been vocal about the alarming rise of femicide cases. The organisation reported that it receives about 150 calls daily concerning women being subjected to violence. This appears to signal that multiple femicide cases tend to occur every 24 hours in Kenya.^[11] The disturbing trend has fuelled their advocacy for the legal recognition of femicide as a distinct crime in Kenya.[12] A move that has sparked significant debate and resistance.[13] Declaring femicide a crime would mean more than symbolic recognition. Its push for legal recognition is crucial since it will ensure that femicide cases are properly investigated and prosecuted.

This will likely lead to femicide not being categorised under general homicide laws.^[14] However, this effort has faced backlash from various quarters, with claims that it would end up being just another useless law. A waste of taxpayers' money, arguing that existing laws are sufficient.[15] This stand towards femicide has also been voiced by policymakers. For instance, when Gender Cabinet Secretary nominee Hannah Wendot Cheptumo made statements. She stated this during her parliamentary vetting implying that victims of femicide were either uneducated or motivated by financial gain.^[16] This failed to address the perpetrators' responsibility.

The widespread occurrence of femicide highlights its severity as a crime, yet it continues to be overlooked and remains unrecognised as a distinct criminal offense in Kenya.[17] A significant portion of the population is unfamiliar with the term itself, let alone the specific elements that define it as a crime. To prosecute femicide, the three elements provided for in Section 203 of the Kenyan penal code, malice aforethought, death of another and an unlawful act or omission (causation), must be accompanied by the fourth element, gender-based motivation.[18]

To expound more on gender-related elements, this paper looks at Mexico, where feminicide was included in its federal penal code in 2012.^[19] Before the inclusion of feminicide in the penal code, there were so many cases that touched on feminicide. Some even drew the attention of the Inter-American Court of Human Rights. One such case was the famous cotton field case. In Gonzalez, Monreal and Monarrez (Cotton field) v Mexico where three women – Claudia , Esmeralda, and Laura, went missing and were later found in a cotton field in Ciudad Juárez on 6 November 2001.[20] The families repeatedly asked for help from law enforcement officers who dismissed them, stating that they were 'probably with their boyfriends or out having a good time'.^[21] The inter-American Commission on Human Rights brought the case before the Inter-American Court of Human Rights. It accused Mexico of failing to protect the victims, two of whom were minors.[22] The commission argued that the state failed to prevent the crimes despite knowing the pattern of gender-based violence that had already claimed the lives of hundreds of women and girls.[23]

The court emphasised that the authorities' inadequate response to the victims' disappearance and the lack of due diligence in investigating the homicides contributed to the subsequent denial of justice. This led to the absence of adequate reparation for the victims and their families.^[24] The Court ordered that all obstacles to the investigation be removed and that proceedings be carried out promptly to prevent repetition of such crimes.[25] Drawing from the Cotton field case, it appears evident that investigations must adopt a gender perspective. They should also pursue specific lines of inquiry into sexual assault and regional patterns, follow approved protocols, and keep victims' families informed and involved. [26]

Additionally, they must be conducted by trained officials, supported with adequate resources, independence, impartiality, and safety guarantees. Finally, the results of the proceedings must be made public so that the Mexican society is fully aware of the facts.^[27] However, in this case, the investigations were prejudiced by gender-based stereotyping – they even adopted stereotypical attitudes and blamed the victims themselves for their fate.^[28] This is also seen in many cases today. This decision further laid the groundwork for the inclusion of feminicide in the penal code of Mexico.

Towards its applicability in Kenya, Article 325 of the Mexican penal code states that:

The crime of femicide is committed by anyone who deprives a woman of her life for reasons of gender. From this, the circumstances to consider will include: when the victim shows signs of sexual violence of any kind; has infamous or degrading injuries, mutilations, or necrophilia before her death; shows a history of any type of violence between the perpetrator and victim in any setting; had a relationship with the perpetrator by blood or affinity, or a sentimental, emotional, work-related, educational, trust-based relationship or any de facto relationship between the parties; existence of direct or indirect threats related to the criminal act, harassment, or injuries; the victim has been held incommunicado, before death; the victim's body is exposed, thrown, deposited, or exhibited in a public place, or: the perpetrator has forced the victim to perform an activity or work or has exercised any form of exploitation over him or her.^[29]

In South Africa, though femicide is not identified in their laws, there have been many calls for reforms through the years.[30] The State recognises intimate femicide as the most pervasive form of gender-based violence. It is stated that it persists because of the construction of hard, patriarchal, and traditional masculinity that masks vulnerability through violence.^[31] Through judicial rulings, national GBVF strategies, and public advocacy, femicide has become an important policy concern.

South Africa first participated in the movement to end GBV and femicide at the Beijing Conference of 1995, where it signed the Beijing Declaration and Platform for Action.^[32] Ahead of this, we see different cases of women and girls being killed, but what raised even more uproar is the death of Uyinene Mrwetyena in 2019.[33] On 24 August 2019, she visited the Claremont post office to collect a parcel, unaware that the visit would end in tragedy.[34] The employee on duty locked the doors after she entered. When she resisted his advances, he raped and fatally assaulted her with a post office scale.[35] Her body was hidden inside the premises overnight before being transported and dumped in Khayelitsha – where the perpetrator attempted to dispose of the evidence.[36] Uyinene's murder was discovered days later, sparking nationwide outrage.^[37] This sparked the AmINext movement as women and organisations marched towards parliament, showing how women live in fear. They proceeded to demand urgent government action against GBV and femicide.[38] The media's coverage of Uyinene's story helped turn her death into a symbol of the urgent need to address violence against women.^[39]

On 24 May 2024, a Bill establishing the National Council of Gender-based Violence and Femicide (GBVF) was passed.[40] This is a body mandated to provide leadership and coordination in the fight against GBVF. Its establishment plays an important role in recognising this crisis by showing the importance of institutionalising state accountability mechanisms. Did this stop? No! Early this year, we saw online movements and protests for justice for Olorato Mongale, allegedly killed by a man she went on a date with.[41] Just like Kenya, an organisation – Women for Change – collected 150,000 signatures demanding that GBV and femicide be declared a national disaster.^[42] However, no formal state-level declaration has been made in either country even after a further 1 million signatures were collected.[43]

Furthermore, in B.B V S, the Western Cape High Court addressed the phenomenon of intimate femicide, describing it as:

A deep concern to everyone, as it permeates communities regardless of social, cultural, religious, and racial differences. Women are too often targeted, assaulted, raped, and treated… as if their lives have less value simply because they are female.^[44]

Drawing from S v Rohde, which states that this cannot be viewed as conduct that is less morally reprehensible.^[45] These rulings mark an important judicial recognition of femicide within South Africa's legal discourse and strengthen calls for explicit legal classification of gender-motivated killings.

What do we learn from Mexico and South Africa? How can these lessons be translated in Kenya? First, the power of naming and framing femicide. Before protests and legal reforms in both countries, killings of women were treated as isolated homicides. In Mexico, the Campo Algodonero ruling compelled the State to name the pattern of killings as feminicidio. This made gender motivated killings a matter of public record and state accountability.[46] In South Africa, public movements such as #AmINext and judicial references to intimate femicide transformed private tragedy into a national crisis.[47]

Secondly, women remain at risk in all aspects of life: socially, politically, and economically. For Kenya, addressing these risks requires a coordinated national strategy that links femicide prevention to broader gender-equality policy. This includes: expanding economic opportunities for women, enforcing protection in workplaces and politics, improving reporting mechanisms for domestic and sexual violence. Also, Kenya can integrate a gender analysis mechanism into public-safety planning. Femicide cannot be reduced through criminal law alone; it demands social transformation backed by political will.[48]

Thirdly, giving femicide legal recognition by defining it and to what extent it covers. Diana Russell, a Sociologist, in her speech, described the journey of coming up with a meaning that was later adapted in South Africa. She settled for the killing of females by males because they are female.^[49] In Mexico, it is codified in Article 325 of their penal code, creating a statutory offence with specific requirements that guide investigators and prosecutors. In Kenya, without the naming of this within the laws, femicide continues to be treated like normal homicide.

Fourth, the state has an obligation to protect, investigate, and punish perpetrators, as in Mexico. Article 26 and Article 27 of the Constitution of Kenya, on the right to life and equality, respectively, already guarantee protection. However, enforcement gaps persist due to weak judicial accountability and limited gender-sensitive interpretation of the law.[50] In Mexico, the obligation to protect does not end at constitutional recognition. With regard to the Kenyan context, it must extend to practical enforcement through due diligence and gender-responsive investigations.[51] We ought to institutionalise a gender lens in all levels of the justice system.

Fifth, during investigations, there should be a certain level of understanding when handling femicide cases, like in Mexico, where there is a special unit that handles them. As established in Campo Algodonero, the Court held that Mexico must conduct investigations with a gender perspective – supported by officials trained in handling sexual and gender-based violence.[52] This could be done in Kenya by creating a specialised unit within the Directorate of Criminal Investigations (DCI), specialising in these cases. Experts within the field of GBV and femicide should handle such cases. Amnesty International observes that investigations into feminicides frequently suffer from delays, stereotyping, and negligence. Most times, officers dismiss disappearances as voluntary or treat victims with bias.[53]

Lastly, we should rely on the power of the media and different organisations in creating awareness. Partnering with Usikimye, mainstream channels, and the Ministry of Gender and ICT can design training. More so, on how to create awareness while targeting rural and urban populations, police officers, prosecutors, and others. Most importantly, echoing the words of Melissa Mungai, GBV is a form of violence. It also encompasses not only physical harm but also suppression of women's voices and perspectives. She maintains that without naming, framing, and addressing gender related issues, the cycle of violence will continue.^[54]

Drawing lessons from global and African countries, the fight against femicide requires the contributions of all members of the state and the regional community as a whole. As Griselda Núñez reminds us, femicide is not only about the act of killing but about why women are killed.[55] Her words encapsulate the core of this paper's argument which is the necessity of naming and defining femicide.[56] Without explicitly naming and identifying killings of women as gender-based, the justice system treats them as ordinary homicides. This erases the social and structural dimensions of the violence. As we learn and lean towards recognising it as a crime, we have so much to unravel and present. The experiences from Mexico and South Africa to define, name, frame, and legislate against femicide are only the first steps. There is still an urgent need for deeper reforms and awareness.

* The author is a final year LLB student in Kabarak University.

* The author is a final year LLB student in Kabarak University.

[1] Zoom interview response from State Prosecutor Griselda Nuñez on 15 July 2021. Original quote; 'Lo que no se ve, no se mejora. Si no los nombras, no existe. El que no estén reportando feminicidios están disolviendo borrando el probnle porque no lo estás entendiendo'; see, Teagan D McGinnis, Octavio Rodríguez Ferreira and David A Shirk, 'Analysing the problem of femicide in Mexico: The role of special prosecutors in combatting violence against women', 19(2) Justice in Mexico Working Paper Series (2022) 24.

[2] Jacinta Mutura, 'Why gender violence is on the rise', The Standard Media, 9 April 2025.

[3] Childress Sarah, Nabin Shrestha, Kamilya Kenensarieva, Jyldyz Urbaeva and Rebecca Schrag, 'The role of culture in the justification and perpetuation of domestic violence: The perspectives of service providers in Kyrgyzstan', 30(5) Violence Against Women (2023).

[4] Sarah, Shrestha, Kenensarieva, Urbaeva, and Schrag, 'The role of culture in the justification and perpetuation of domestic violence: The perspectives of service providers in Kyrgyzstan'.

[5] Sarah, Shrestha, Kenensarieva, Urbaeva, and Schrag, 'The role of culture in the justification and perpetuation of domestic violence: The perspectives of service providers in Kyrgyzstan'.

[6] Womankind Worldwide, 'A femicide factsheet: Global stats and calls to action', Woman Kind, 24 November 2022.

[7] World Health Organisation, 'Understanding and addressing violence against women: Femicide', World Health Organisation, 29 September 2012.

[8] UN Women, 'Five essential facts to know about femicide', UN Women, 25 November 2024.

[9] UN Women, 'Five essential facts to know about femicide'.

[10] UN Women, 'Five essential facts to know about femicide'.

[11] Shola Lawa, 'Femicide in Kenya: What's causing an epidemic of violence against women?', Al Jazeera, 27 January 2024.

[12] Lawa, 'Femicide in Kenya: What's causing an epidemic of violence against women?'.

[13] Danai Nesta Kupemba, 'Kenya femicide: A woman's murder exposes the country's toxic online misogyny', BBC News World Africa, 15 January 2024.

[14] Zeda, 'Femicide in Kenya is a national disaster and it's time we declared it a crime', Zeda Magazine, 16 April 2025.

[15] Waihiga Mwaura, 'Kenya Femicide: Why men fail to condemn deadly misogyny', BBC News World Africa, 4 February 2024.

[16] Dorcas Muga-Odumbe, 'A girl has many needs': Gender CS nominee sparks fury over femicide comments', Daily Nation, 16 April 2025.

[17] Kupemba, 'Kenya femicide: A woman's murder exposes the country's toxic online misogyny'.

[18] Penal Code Cap 63 (No 19 of 2023) Section 203; see for example, 'Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.'

[19] Amnesty International, 'Justice on trial: Failures in criminal investigations of feminicides preceded by disappearance in the State of Mexico', Amnesty International AMR 41/4556/2021, 20 September 2021, 11; see for example, Mexico uses feminicide instead of femicide to include state responsibility rather than the act itself. Amnesty – quoting the words of Marcela Largade, highlights that impunity is one of the factors that facilitate this crime. Therefore, the state and legal structures bear responsibility for the prevention and perpetration of this crime.

[20] Inter-American Court of Human Rights Case of González and others v Mexico, Judgment Series C No 205 of 16 November 16 2009, para 2.

[21] Inter-American Court of Human Rights Case of González and others v Mexico, para 197.

[22] Inter-American Court of Human Rights Case of González and others v Mexico, para 2.

[23] Inter-American Court of Human Rights Case of González and others v Mexico, para 2.

[24] Inter-American Court of Human Rights Case of González and others v Mexico, para 2.

[25] Inter-American Court of Human Rights Case of González and others v Mexico, para 83. See for example; the court recorded the results of the investigations from victims, witness statements, and experts who were related to the case.

[26] Lawa, 'Femicide in Kenya: What's causing an epidemic of violence against women?'.

[27] Inter-American Court of Human Rights Case of González and others v Mexico, para 455.

[28] Sáenz Andujo, 'The cotton field case in Mexico: Setting legal precedents for fighting gender-based violence; Evidence and lessons from Latin America', Eldis Archives, January 2013.

[29] Código Penal Federal, Article 325; see for example, original wording; La víctima presente signos de violencia sexual de cualquier tipo; La víctima se le hayan infligido lesiones o mutilaciones infamantes o degradantes, previas o posteriores a la privación de la vida o actos de necrofilia; Existan antecedentes o datos de cualquier tipo de violencia en el ámbito familiar, laboral, comunitario, político o escolar, del sujeto activo en contra de la víctima; Haya existido entre el sujeto activo y la víctima parentesco por consanguinidad o afinidad o una relación sentimental, afectiva, laboral, docente, de confianza o alguna relación de hecho entre las partes; Existan datos que establezcan que hubo amenazas directas o indirectas relacionadas con el hecho delictuoso, acoso o lesiones del sujeto activo en contra de la víctima; La víctima haya sido incomunicada, cualquiera que sea el tiempo previo a la privación de la vida; El cuerpo de la víctima sea expuesto, arrojado, depositado o exhibido en un lugar público y El sujeto activo haya obligado a la víctima a realizar una actividad o trabajo o haya ejercido sobre ella cualquier forma de explotación.

[30] Charla Smith, 'Do you think I can kill you? Exploring Intimate femicide in South Africa and why intimacy hurts so much', 8(1) Feminist Encounters: A Journal of Critical Studies in Culture and Politics (2024) 2.

[31] Smith, 'Do you think I can kill you? Exploring Intimate femicide in South Africa and why intimacy hurts so much', 2.

[32] Nechama Brodie, Femicide in South Africa, Kwela Books, 2020, 121.

[33] BBC, 'South Africa post office murderer given life for killing Uyinene Mrwetyana', BBC News World Africa, 15 November 2021.

[34] BBC, 'South Africa post office murderer given life for killing Uyinene Mrwetyana'.

[35] BBC, 'South Africa post office murderer given life for killing Uyinene Mrwetyana'.

[36] BBC, 'South Africa post office murderer given life for killing Uyinene Mrwetyana'.

[37] Participedia, '#AmINext #SAshutdown GBV movement in South Africa', Participedia, August 24 2019.

[38] Participedia, '#AmINext #SAshutdown GBV movement in South Africa'.

[39] Rae Johnson, '#AmINext: Protesters rally for 19-year-old South African girl raped and murdered in post office', Mandamenoire, 19 September 2019.

[40] The National Council on Gender-Based Violence and Femicide Act (No 9 of 2024).

[41] Johnson, '#AmINext: Protesters rally for 19-year-old South African girl raped and murdered in post office'.

[42] Racheal Savage, 'South African woman's murder prompts anger at country's high level of femicide,' The Gurdian, 13 June 2025.

[43] Kaunda Selisho, 'Why National Disaster Management Centre won't declare GBVF a national disaster despite 1 million signatures', News24, 13 November 2025.

[44] B.B v S (A95/2025) ZAWCHC 270 [2025], para 34.

[45] B.B v S, para 37.

[46] Inter-American Court of Human Rights Case of González and others v Mexico, para 455.

[47] Johnson, '#AmINext: Protesters rally for 19-year-old South African girl raped and murdered in post office'.

[48] Bucu Karacas, 'Femicide in Turkey: What's lacking is political will', Middle East Institute, 18 December 2019.

[49] Diana Russell, 'The origin and importance of the term femicide', Diana Russell, 1 December 2011.

[50] Constitution of Kenya (2010) Article 26 and Article 27.

[51] Andujo, 'The cotton field case in Mexico: Setting legal precedents for fighting gender-based violence; Evidence and lessons from Latin America'.

[52] Inter-American Court of Human Rights Case of González and others v Mexico, para 455.

[53] Amnesty International, 'Justice on trial: Failures in criminal investigations of feminicides preceded by disappearance in the State of Mexico', 11.

[54] Nabintu wa Nciko, 'The black woman and the problem of gender: An African perspective', Avid Readers' Forum, 31 January 2025.

[55] Zoom interview response from State Prosecutor Griselda Nuñez on 15 July 2021. Original quote; 'Lo que no se ve, no se mejora. Si no los nombras, no existe. El que no estén reportando feminicidios están disolviendo borrando el proble porque no lo estás entendiendo'; see, McGinnis, Ferreira and Shirk, 'Analysing the problem of femicide in Mexico: The role of special prosecutors in combatting violence against women', 24.

[56] Nciko, 'The black woman and the problem of gender: An African perspective'.