Breaking barriers: Unveiling the legal challenges for women and girls
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Despite ongoing efforts to advance gender equality, Kenya still faces significant legal barriers that disproportionately impact women and girls. Outdated laws related to inheritance, marriage, and family relations continue to obstruct progress toward achieving full gender parity.
The groundbreaking report developed by UN Women and (International Development Law Organization (IDLO), titled: "Strengthening Gender Equality before the Law: Mapping Discriminatory Laws against Women and Girls in Kenya", shines a spotlight on these persistent legal inequalities that hinder women’s empowerment.
This report is anchored on recognition of the systematic discriminatory practices against women and girls, and legal gaps that perpetuate the marginalization, discrimination and disempowerment of women and girls obstructing their path to true equality.
Achieving sustainable development and ensuring that all people are treated equally before the law are both essential components of gender equality. Although significant progress has been made toward equality before the law, it remains far from being fully realized.
“Laws that are discriminatory continue to be in effect, which prevents women's rights from being fully implemented. It is imperative that we continue to advocate for measures that work toward achieving gender equality and justice for all," said Dan Bazira, Deputy Country Representative during a round table discussion held on 13th September 2024, on recommendations derived from the Elimination Discriminatory Law Report.
According to the World Bank, women in Kenya currently have only 81% of the legal rights enjoyed by men. This disparity underscores broader issues affecting women’s roles in entrepreneurship, parenthood, and asset ownership.
The Elimination of Discriminatory Laws Report highlights critical gaps in Kenya’s legal system, prompting the Kenya Law Reform Commission (KLRC) to recommend substantial legislative changes.
“We are committed to aligning our laws with the Constitution and addressing the issues identified in key legislation such as the Marriage Act of 2014 and the Matrimonial Property Act of 2013. We urge all stakeholders to engage in shaping these vital legal reforms,” stated Ms. Christine A. Agimba, Chairperson of the Kenya Law Reform Commission.
Kenya’s dedication to gender equality is embedded in its constitutional framework and supported by international commitments. UN Women Kenya, alongside IDLO and the Kenya Judiciary, is working towards a more just and equitable society. The “Equality in Law for Women and Girls by 2030” strategy—developed in collaboration with the African Union, the Commonwealth, the Inter-Parliamentary Union, and Organization Internationale de la Francophonie, and Secretaría General Ibero-Americana aims to ensure that gender equality becomes a reality for all Kenyans.