Kenya’s promise of gender equality is facing a critical test at the United Nations, where a review of the country’s human rights record has exposed persistent legal and institutional barriers that leave women vulnerable to losing property, facing discrimination in divorce and inheritance, and enduring violence within marriage.
More than four decades after Kenya ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1984, women continue to struggle to secure rights guaranteed under the Constitution. As the UN CEDAW Committee reviews Kenya’s implementation of the treaty during its 93rd session in Geneva, a civil society report is urging the government to reform family laws that discriminate against women and translate constitutional promises into practical protection.
The shadow report, submitted by the Global Campaign for Equality in Family Law, Equality Now and Kenyan partners, including Come Together Widows and Orphans Organization (CTWOO), highlights gaps in implementing Article 16 of CEDAW, which guarantees equality in marriage, family relations, property ownership and decisions concerning children.
Legal progress, persistent inequalities
Kenya has made important strides through constitutional and legislative reforms. Article 27 of the Constitution guarantees equality, while Article 45(3) specifically provides for equal rights between spouses during marriage and at its dissolution.
The Marriage Act of 2014 consolidated marriage laws, while the Matrimonial Property Act of 2013 recognised financial and non-financial contributions to family wealth.
However, implementation remains uneven. Women continue to face obstacles proving their marriages, claiming property accumulated through unpaid care work and accessing justice when relationships break down.
The 2022 Kenya Demographic and Health Survey found that only 19.3 per cent of married women aged 15 to 49 had registered their marriages. Registration costs Sh3,900, and both spouses must appear before a registrar, creating financial and logistical barriers for low-income households.
Without formal proof of marriage, women may struggle to establish claims to family land and homes following separation or a spouse’s death. Civil society groups are calling for fee waivers for poor households and mobile registration services across counties.
Property division presents another challenge. Although Kenyan law recognises non-financial contributions such as childcare and domestic work, there is no uniform formula for valuing them. In 2023, the Supreme Court clarified that equal rights under Article 45(3) do not automatically guarantee each spouse half of the matrimonial property.
Advocates argue that a presumption of equal sharing, supported by clear judicial guidelines, would help ensure that unpaid work is properly recognised when property is divided.
Divorce and access to justice
Women seeking to leave abusive or failed marriages also encounter significant barriers. Legal costs, lengthy proceedings and the distance to courts can make divorce inaccessible, particularly for women in rural areas.
Kenya’s divorce framework largely requires petitioners to establish specific grounds, including adultery, cruelty or desertion. In 2022, the Court of Appeal ruled that the three-year waiting period for seeking divorce in a civil marriage was unconstitutional where a divorce was justified earlier. However, the Marriage Act has yet to be amended to reflect the ruling.
Community leaders, elders and religious figures can also influence couples to reconcile, sometimes placing pressure on women experiencing violence. While mediation can help resolve family disputes, it should never replace judicial protection where a woman’s safety is at risk.
Widows face eviction and inheritance disputes
Widowhood remains another area of concern. CTWOO’s August 2025 survey found that approximately one-third of respondents had faced eviction from their homes or land after their spouses died, while a similar proportion reported exclusion from inheritance decisions.
The organisation also recorded 139 cases involving widows in May 2026 alone. A provision in the Law of Succession Act terminates a widow’s life interest in her deceased husband’s estate if she remarries, a restriction that does not apply to widowers. The High Court declared the provision unconstitutional in the Ripples International case in September 2022, but it remains in the statute.
The Widowed Persons Protection Bill, 2026, tabled in Parliament in May with input from CTWOO and Equality Now, seeks to consolidate protections for widowed people and address abuses involving property, dignity and security.
Religious law and unequal protection
The shadow report also highlights discrimination affecting Muslim women. Article 24(4) of the Constitution permits certain limitations on equality protections in the application of Muslim law in Kadhis’ courts, particularly concerning marriage, divorce and inheritance. The Law of Succession Act does not apply to estates of deceased Muslims.
In practice, Muslim daughters may inherit half the share received by their brothers, while Muslim wives can face unequal divorce options.
Equality Now and its partners argue that constitutional equality should protect all women and are calling for reforms to Article 24(4), alongside safeguards ensuring that religious practices do not undermine fundamental rights.
Gender-based violence and reproductive rights
Violence against women remains a major concern. Africa Data Hub has documented at least 1,069 killings of women in Kenya between 2016 and 2025. Advocates are calling for a standalone law on femicide and stronger enforcement of existing protections.
Section 43(5) of the Sexual Offences Act also creates a marital exemption within its definition of unlawful sexual acts, raising concerns about the protection available to spouses experiencing sexual violence.
Harmful practices, including female genital mutilation (FGM) and child marriage, remain additional challenges. In 2021, the High Court, in Kamau v Attorney General, identified gaps in the Prohibition of Female Genital Mutilation Act concerning practices such as pricking and piercing and directed the Attorney General to propose amendments.
Reproductive rights are also contested. Although Article 26(4) of the Constitution permits abortion under specified circumstances, the Penal Code criminalises abortion in other circumstances, contributing to uncertainty over access to services. In April 2026, the Court of Appeal held that abortion is not a fundamental right and acknowledged the absence of a clear regulatory framework.
Equality Now also argues that Kenya should reconsider its reservation to the relevant provision of the Maputo Protocol, the African treaty on women’s rights, and align legislation with constitutional protections for reproductive health.
Turning international commitments into action
The shadow report warns that many recommendations from the CEDAW Committee’s 2017 review remain unimplemented. It also raises concerns about policy and legislative proposals that could weaken existing protections for women and families.
The current review provides an opportunity for Kenya to address these gaps by amending discriminatory laws, implementing court judgments and enacting the Widowed Persons Protection Bill. Other priorities include removing the marital rape exemption, operationalising the Protection Against Domestic Violence Act and introducing a standalone law on femicide.
The government should also improve access to legal aid, reduce the cost of marriage registration, expand community education and ensure women can enforce their rights without repeatedly returning to court to establish protections already recognised by law.
Ultimately, equality within families is not solely a women’s issue. Children, parents and entire communities suffer when violence, inheritance disputes or discriminatory laws deprive families of their homes, security and dignity.
Kenya already has constitutional guarantees, judicial decisions and proposed legislation on which to build. The UN review offers an opportunity to close the gap between these commitments and the everyday realities of women across the country.
Forty-two years after ratifying CEDAW, Kenya must ensure that equality is not merely a promise written into law, but a right women can exercise in their homes, marriages and communities.
Opinion Written :By Deborah Nyokabi, Associate Manager, Economic Justice and Family Law, Equality Now
