The Protection Against Domestic Violence Bill, 2013
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Part III of the Bill contains the procedure for applying for a
protection order. The Part incorporates the procedure provided under
Order XXXVI of the Civil Procedure Rules to be applicable for protection
orders, with necessary modifications. The Part also provides that no
person other than the parties, their advocates and witnesses and offices of
the court is to be present during the proceedings under the Act, without the
permission of the court. The Part further specifies that a court may
revoke, vary or extend a protection order. A respondent may also appeal
to the High Court against a protection order.
The Part imposes restrictions on the reporting of proceedings under
the Act to protect the identities of the parties to the proceedings. A person
is prohibited from publishing or causing to be published any particulars
that may lead to the identification of the victim m any newspaper or
broadcast proceedings.
Part V of the Bill contains miscellaneous provisions. The court is
empowered to award such compensation as it may deem just and
reasonable to a victim of domestic violence. The Part also creates
offences in cases where a person makes a false statement in any
application or affidavit made under the Act.
The Bill does not concern county government.
The enactment of this Bill will occasion additional expenditure which
shall be provided for in the annual estimates.
Dated the 20th June, 2013.
SAMUEL CHEPKONGA,
Chairperson,
Committee on Justice and Legal Affairs.
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