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| Kenya | |
 Flag of Kenya | |
| Population (in Mil.) | 40 |
 Sex Ratio (m/f)
| 1,01 |
 Life Expectancy Ratio (f/m)
| 1.02 |
 Fertility Rate
| 4.96 |
 Income Ratio (f/m)
| 0.65 |
 Literacy Ratio (f/m)
| 0,90 |
 Tertiary Enrolment Ratio (f/m)
| 0,61 |
 Women in Parliament (in %)
| 7,3 |
| SIGI Rank | 57 |
| More information on variables | |
| Did you know that Kenya ranks number 57 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Kenya" at genderindex.org: | |
Contents |
Social Institutions
Kenya is characterised by the coexistence of several institutional frameworks. The "code de la famille" and the ownership rights are completely different between three groups: the Muslim population, the traditional society and the modern society. In some cases, a married couple can belong to these two societies. For example, the statutory marriage can follow a customary one so that the wife and her husband have conflicting obligations and rights. Moreover, modern institutions are not respected by some judges, which critically affect the condition of women.
Family Code
For statutory marriage, the minimum age for women and for men is 16, but for Moslem or customary marriages, there is no limit. The percentage of early marriage is relatively low taking into account the fact that only a minority of the population perform statutory marriages. Polygamy is allowed in Moslem and customary marriages (an estimated 60 percent of total marriages), but forbidden in statutory ones. Repudiation is legal for Moslem and customary marriage in some respect because the husband can divorce without following the divorce procedure, whereas it is very difficult for the wife. Finally the statutory marriage entails law procedure for divorce. So equality exists only in this case. With regards to parental authority, inequality between men and women is restricted only in statutory marriage. After a divorce, the Moslem father has the custody of children if they are older than 7 (sons) or 14 (daughters). In customary marriage the father has the custody whereas in statutory marriage the mother keeps the custody of the children until 16. For Moslems, the islamic code entails inequality in inheritance between sons and daughters. For other persons, an inheritance law in 1991 has enforced equality between men and women. But some judges do not respect the law. For example they decide that a daughter cannot inherit because she is married. In others cases if the heirs are in dispute, the judge transfers the affair to an elders council which follows the custom. The result of some case law which are opposite to the law or of resorting to custom is frequent inequality between men and women.
Physical Integrity
The government of President Arap Moi has forbidden female genital mutilation in public hospitals and the Health Minister is trying to eradicate this practise altogether. Still, there is no formal law which condemns this act. Today, close to 40% of women have undergone female genital mutilation. This percentage is lower in towns, but much higher in some rural areas. The constitution protects anybody against violence. But sexual act with a very young girl (less than 14) or conjugal rape is not sentenced. On the other hand frequently rapes are not prosecuted by police and justice. The percentage of missing women is relatively low.
Civil Liberties
There are no constraints to women’s freedom of movement and the freedom of dress.
Ownership Rights
The constitution guarantees the equality of rights: women can buy, own and sell assets as they like. But this principle does not concern ownership rights in cases of marriage, divorce and/or inheritance. On the one hand it is very difficult for a woman to buy or own an asset, on the other hand the custom prohibits women from owning land (only 4% of land is held by women). Even when a woman can buy an asset, her husband often acts as an intermediary in order to avoid conjugal conflicts. This situation has an incidence on women access to credit. Since they rarely have assets of their own, they cannot provide the required collateral to obtain loans. These constraints to property or to borrowing often do not apply to the middle or upper classes of the society.
Sources
- AFROL (2003), Afrol Gender Profiles: Kenya. http://www.afrol.com.
- Canadian International Development Agency (2002), Gender Profiles:Kenya.
- Kameri-Mbote,P. (1995) The Law of Succession in Kenya.WLEA,Publications n°3,Nairobi.
- Kibwana,K. (1992) Women and the Constitution in Kenya. Verfassung und Recht in Ubersee,pp.6-20.
- Lawless,J. And R.Fox (1999) Women Candidates in Kenya: Political Socialization and Representation; in Women and Politics,pp.49-76.
- Mbeo,M.A.and O.Ooko-Ombaka (eds) (1989) Women and Law in Kenya: Perpectives and Emerging Issues. Public Law Institute, Nairobi.
- Oboler,R.S. (1985) Women Power and Economic Change: the Nandi of Kenya. Stanford University Press, Stanford.
- UNDP (1999) Human Development Report 1999.
- Rhoodie,E.M. (1989) Discrimination against Women: a Global Survey of the Economic, Educational, Social and Political Status of Women, chapter 8; Mc Farland, Jefferson, NC.
- Robertson,C. (1996) Grassroots in Kenya: Women, Genital Mutilation, and Collective Action, 1920-1990. Journal of Women in Culture and Society, pp.615-642.
- Weintraub, H.(1997) Status of Women, Maternal Child Health and Family Planning in Kenya. International Journal of Public Administration, pp. 1751-67
- World Bank (1989). Kenya, the Role of Women in Economic Development. Country Study>. Washington.
See Also
Further Reading
Age at First Child. Does Education Delay Fertility Timing? The Case of Kenya, 2009, Céline Ferré, OECD
The Africa for Women's Rights Campaign
Key facts
- CEDAW: ratified in 1984
- CEDAW Protocol: not ratified
- Maputo Protocol: signed in 2003
Campaign
On 8 March 2009 the "Africa for Women's Rights" Campaign was launched at the initiative of the International Federation for Human Rights (FIDH), in collaboration with fove non-governmental regional organisations: the African Center for Democracy and Human Rights Studies(ACDHRS), Femmes Africa Solidarité (FAS), Women’s Aid Collective (WACOL), Women in Law and Development in Africa (WILDAF) and Women and Law in Southern Africa (WLSA). These organisations make up the Steering Committee responsible for the coordination of the Campaign.
The Campaign aims to put an end to discrimination and violence against women in Africa, calling on states to ratify international and regional instruments protecting women's rights, to repeal all discriminatory laws, to adopt laws protecting the rights of women and to take all necessary measures to wensure their effective implementation.
Country Focus: Kenya
Although Kenya ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1984, it has not yet ratified the Optional Protocol to CEDAW or the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).
The Coalition of the Campaign remains particularly concerned about the following continued violations of women’s rights: the persistence of discriminatory laws and traditional harmful practices, in particular in the area of the family; violence; obstacles to access to education; under-representation in political life; and obstacles to access to property and health services. The Coalition of the Campaign is also concerned about delays in adoption of legislation that eliminates discrimination and protects women’s human rights. Bills pending before parliament include: the Family Protection Bill 2007, the Marriage Bill 2008, the Domestic Violence Bill 1999, the Matrimonial Property Bill 2008, the Equal Opportunities Bill 2008 and the Affirmative Action Bill 2000.
Sources
- Focal Points: Kenya Human Rights Commission
- Recommendations of the CEDAW Committee, July 2007
- Alternative Report to the UN Committee against Torture (OMCT), June 2009
- The Africa for Women's Rights campaign
- The campaign focal point in Kenya
The Women, Business and the Law
Where are laws equal for men and women? 
The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Covering 128 economies, Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, dealing with taxes, building credit, and going to court.Read more about the methodology.
For detailed information on Kenya, please visit the Women, Business and
the Law Kenya page.
