Exploring Kenyan laws and policies promoting women’s rights since independence.
Kenyan women can now inherit property, can pass citizenship to their offspring and more so husbands of foreign nationalities; in earlier days, only men were legally allowed.
Also, upon the dissolution of a marriage, women can finally keep their property without a fuss.
Today being the 59th Jamhuri day for Kenya, we explore changes in Kenyan legislation and policies that have benefited women since independence.
A marriage bill accented into law in 2014 by the then President, Uhuru Kenyatta, was hailed as an advance towards equal rights, albeit imperfect, and moved us forward. The news is marriages are treated equally, whether polygamous or monogamous, unlike before. Customary marriages had no legal paperwork to prove the existence of marriage. Focus now shifts to implementation and interpretation by the courts to have a lasting impact.
Historical background
African customs impeded equal rights as they remained unchanged and discriminatory against women. For instance, women were not allowed to inherit customary property, wives inherited. Female genital mutilation existed, divorce was discouraged, and individual property ownership and marriage customs were biased. Despite the advances made by women in the socio-economic sphere, African Customs are unchanged. It is a relief that legislation rendered customary laws null and void after being overridden by laws that reflect the dynamics of today.
The Legislative changes for equal rights are;
- Immigration
The introduction of dual citizenship. Before the 2010 Kenyan constitution, women who got married abroad had to renounce their citizenship to take the nationality of their spouses. Kenyan laws had no provisions recognizing the spirit of intermarriages with foreign nationals.
A Kenyan woman can now successfully pass citizenship to a foreign husband. Men and children had the privilege.
2.Matrimonial properties & land ownership
The current Matrimonial property law affirms the equal status of spouses despite any other existing law wives possess the same rights as husbands concerning acquiring, administering, using and disposing of property: to enter into a contract: to sue and be sued in her name.
Simply put, the spouse retains their interest 100% in the assets aside from jointly owned property. Women are also entitled to the inheritance of customary land upon succession and division.
3. Spousal consent
A family’s dwelling space is now safe since the introduction of spousal consent before a husband can obtain a loan using the family-owned home/land as security. It exists with or without evidence of contribution by either partner in the acquisition or development of the property.
This regulation is mandatory for lending institutions before the charge gets registered in favour of the bank. Lack of spousal consent is sufficient ground to invalidate any intended foreclosure upon default in repayment of the loan. However, this law is for dwelling spaces/ matrimonial homes only)
4. Sexual offences.
Doctors, nurses, police officers, magistrates and therapists have tales of the trauma from sexual offences. Victims of sexual offenders ably can pursue justice since the enactment of the sexual offences Act in July 2006.
The sexual offences act is a formidable shield as it describes consent and unlawful sexual acts. Women suffered from sexual harassment silently and without sufficient legal recourse. The Act expressly defines offences, their prevention and protection mechanisms.
The courts have been incredible in adhering to the Act and bringing to book sexual offenders.
5. Leadership and Representation
The constitution provides for the two-thirds gender rule, interpreted as at least 33 per cent of parliamentarians should be women, combining nominations and elected seats. Despite heavy lobbying and numerous court orders, the law is yet to see reality. However, the spirit of the constitution is in good light.
The gender provision intends to bring more women into leadership positions to offer an alternative leadership style and decision-making and push for equal rights.
The five listed are just some of the progressive laws regarding equal rights. There are other laws against domestic violence and female genital mutilation, all of which have contributed towards the cancellation of oppressive laws.
Conclusion
There is no doubt all of these legislative changes have replaced discriminative cultural practices. More work needs to be done in the implementation phase by courts to cure the thirst for equal rights. Finally, continually re-examining the laws will address any grey areas. Still, Kenya has made legislative strides towards protecting equal rights.
We push for progress.
Post by Brian Anyanzwa.