Strengthening gender equality in law: Mapping discriminatory laws against women and girls in Kenya

Equality in law is crucial to achieving gender equality and influencing multiple development outcomes. It can sustain efforts towards just, peaceful and inclusive societies; environmental and climate justice; equal participation in decision-making at all levels; universal access to essential public services; and economic prosperity for all. Yet, discriminatory legislation remains in all regions of the world, limiting the potential of billions of women and girls and often excluding them from the benefits of development.

In support of ‘Equality in Law for Women and Girls By 2030: A Multi-Stakeholder Strategy for Accelerated Action’ and Kenya’s commitment to gender equality, IDLO, UN Women and the Kenya Law Reform Commission have partnered to produce a legal assessment report.

This assessment, Strengthening Gender Equality in Law: Mapping Discriminatory Laws against Women and Girls in Kenya, provides an analysis of discriminatory laws against women and girls in Kenya and makes recommendations for the reform, repeal or passing of new laws with the goal of ensuring that the principle of equality and non-discrimination is reflected in law.

Despite Kenya having a robust Constitutional, legal and polciy framework, these frameworks have proved inadequate to fully realize the rights of women and girls. This is due to the inability to fully implement the existing provisions, reinforced by a patriarchal culture and gender stereotypes that discriminate against women and girls. This has hindered the substantive enjoyment of rights and fundamental freedoms by women and girls on an equal basis with men and boys. The assessment found that a total of 9 laws or provisions must be repealed in whole or in part; 17 laws must be revised or amended, and new laws must be enacted in seven thematic areas to bring Kenya’s legislative framework in line with its regional and international obligations on GEWE.