Family law reform key to equality: UN Women and Law Society of Kenya lead critical legal dialogue

The quest for justice and equality for women and girls in Kenya took centre stage at a pivotal seminar hosted by the Law Society of Kenya (LSK), with support from UN Women Kenya. The "Elevating Practice in Family Law" seminar, held from 18-20 June 2025, brought together over 100 legal practitioners specializing in family law.

UN Women Kenya’s participation affirmed its commitment to strengthening gender-responsive legal frameworks globally and in Kenya. Family laws, as highlighted by UN Women, are not merely about private relationships; they are a direct reflection of societal values, defining rights, responsibilities, and power dynamics within the family unit. When these laws are discriminatory or poorly implemented, they perpetuate cycles of inequality, poverty, and violence against women.

Kenya is at a significant juncture, marking the 10th anniversary of key family-related laws such as the Matrimonial Property Act, the Marriage Act, the Victim Protection Act, and the Protection from Domestic Violence Act. This milestone provides a crucial opportunity to reflect on progress and confront persistent challenges, including unequal property rights, gaps in surrogacy and parental agreements, and inconsistencies between customary, statutory, and religious frameworks. The seminar served as a vital platform for legal practitioners to explore these issues and propose solutions to make family law more gender-responsive.

Speaking at the opening of the seminar, the President of the LSK, Faith Odhiambo, underscored that family law is far more than statutes and procedures, it is “the law of human relationships” and the foundation of a just society. “It determines how we protect the vulnerable, resolve conflict, and uphold the dignity of every person, whether in marriage, separation, parenthood, or inheritance,” she noted. 

She reminded participants that behind every case file lies a human story, often a painful one, and called on legal practitioners to approach their work with both compassion and principle.

Odhiambo also emphasized the need for innovation and sensitivity in practice, urging lawyers to move beyond “routine pleadings and outdated precedents” and to embrace constitutional values. Highlighting the diversity of topics covered during the seminar, from matrimonial property and surrogacy to children in conflict with the law, she praised the event’s line-up of legal experts as “a dream team” whose insights could help shape much-needed reforms. “Even yesterday’s precedent can be overturned by tomorrow’s ruling,” she said, underscoring the evolving nature of family law.

She urged participants to demystify family law for the public, ensuring that legal jargon never becomes a barrier to justice. Whether assisting couples navigating separation, widows claiming matrimonial property, or children in custody disputes, the LSK President stressed that lawyers have a duty to simplify, clarify, and uphold justice. “The future of family law must be inclusive, humane, and constitutionally grounded,” she concluded, officially opening the seminar and calling on attendees to be bold, inquisitive, and collaborative in the pursuit of gender-responsive legal reform.

Behind this seminar was the broader effort driven by the "Elimination of Discriminatory Law against Women and Girls Report" (EDL Report), launched in April 2024. This report, a collaborative effort between UN Women Kenya and other organizations, identified and critically analyzed discriminatory provisions in Kenyan laws that limit women's and girls' rights. It pointed to gaps requiring reform to ensure the full enjoyment of rights and fundamental freedoms for women and girls without discrimination.

LSK’s participation in policy dialogues following the EDL Report, and now this seminar, aligns with UN Women Kenya’s focus on understanding the impact of family law in Kenya. As the Kenya Law Reform Commission, a lead partner in implementing the EDL Report, prepares to present its recommendations and proposed legislative amendments, UN Women Kenya’s call to legal practitioners is clear: support and advocate for gender-responsive family law reform. Their expertise and advocacy are essential to making family laws inclusive and reflective of all Kenyans’ lived realities.