Recourse for battered husbands

By Harold Ayodo

Dear Harold,

My wife turned violent this week after I told her that I could not afford to celebrate the Christmas holidays the way she wanted. Her idea was for us to go to the Coast from December 24 and return to Nairobi on January 2. However, the money that I expected to be paid — from my business — last week failed to materialise after clients pledged to pay by mid January. My wife could not understand my predicament and started hurling verbal abuses when I proposed that it would be cheaper for us to travel up country for the festivities. She then turned physical and even threw utensils at me in front of our children. Can I stop her verbal abuses and assaults as a husband?

David, Nairobi

Dear  David

Yes, you can stop her. Assaulted and battered husbands can sue their wives as the law does not restrict domestic violence as affecting only women. Legally, assault and battery entails acts or threatening behaviour that cause tension at home.

Failure to take the family for Christmas to Mombasa should not result into incessant verbal abuses and assaults.

Those are serious crimes that should be reported to the police and recorded. If you sustained serious injuries, you will be issued with a P3 form to be filled by a medical doctor before heading to court.

It is important that offenders — husbands or wives — be punished in court instead of resolving the case in police stations or with friends and relatives at home. According to the Criminal Procedure Code, cases of assault can attract jail terms of between one to five years — with or without corporal punishment, depending on injuries inflicted on the complainant.

Got a family related legal issue? Ask your lawyer on [email protected]