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| Kenya | |
 Flag of Kenya | |
| Population (in Mil.) | 34,7 |
 Sex Ratio (m/f)
| 1,01 |
 Life Expectancy Ratio (f/m)
| 0,96 |
 Fertility Rate
| 5 |
 Income Ratio (f/m)
| 0,83 |
 Literacy Ratio (f/m)
| 0,90 |
 Tertiary Enrolment Ratio (f/m)
| 0,61 |
 Women in Parliament (in %)
| 7,3 |
| SIGI Rank | 57 |
| Source: GID Data Base (2008) More information on variables | |
| Did you know that Kenya ranks number 57 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Kenya" at genderindex.org: | |
Kenya is characterised by the coexistence of several institutional frameworks. The "code de la famille" and the ownership rights are completely different between three groups: the Muslim population, the traditional society and the modern society. In some cases, a married couple can belong to these two societies. For example, the statutory marriage can follow a customary one so that the wife and her husband have conflicting obligations and rights. Moreover, modern institutions are not respected by some judges, which critically affect the condition of women.
Contents |
Family Code
For statutory marriage, the minimum age for women and for men is 16, but for Moslem or customary marriages, there is no limit. The percentage of early marriage is relatively low taking into account the fact that only a minority of the population perform statutory marriages. Polygamy is allowed in Moslem and customary marriages (an estimated 60 percent of total marriages), but forbidden in statutory ones. Repudiation is legal for Moslem and customary marriage in some respect because the husband can divorce without following the divorce procedure, whereas it is very difficult for the wife. Finally the statutory marriage entails law procedure for divorce. So equality exists only in this case. With regards to parental authority, inequality between men and women is restricted only in statutory marriage. After a divorce, the Moslem father has the custody of children if they are older than 7 (sons) or 14 (daughters). In customary marriage the father has the custody whereas in statutory marriage the mother keeps the custody of the children until 16. For Moslems, the islamic code entails inequality in inheritance between sons and daughters. For other persons, an inheritance law in 1991 has enforced equality between men and women. But some judges do not respect the law. For example they decide that a daughter cannot inherit because she is married. In others cases if the heirs are in dispute, the judge transfers the affair to an elders council which follows the custom. The result of some case law which are opposite to the law or of resorting to custom is frequent inequality between men and women.
Physical Integrity
The government of President Arap Moi has forbidden female genital mutilation in public hospitals and the Health Minister is trying to eradicate this practise altogether. Still, there is no formal law which condemns this act. Today, close to 40% of women have undergone female genital mutilation. This percentage is lower in towns, but much higher in some rural areas. The constitution protects anybody against violence. But sexual act with a very young girl (less than 14) or conjugal rape is not sentenced. On the other hand frequently rapes are not prosecuted by police and justice. The percentage of missing women is relatively low.
Civil Liberties
There are no constraints to women’s freedom of movement and the freedom of dress.
Ownership Rights
The constitution guarantees the equality of rights: women can buy, own and sell assets as they like. But this principle does not concern ownership rights in cases of marriage, divorce and/or inheritance. On the one hand it is very difficult for a woman to buy or own an asset, on the other hand the custom prohibits women from owning land (only 4% of land is held by women). Even when a woman can buy an asset, her husband often acts as an intermediary in order to avoid conjugal conflicts. This situation has an incidence on women access to credit. Since they rarely have assets of their own, they cannot provide the required collateral to obtain loans. These constraints to property or to borrowing often do not apply to the middle or upper classes of the society.
Sources
- AFROL (2003), Afrol Gender Profiles: Kenya. http://www.afrol.com.
- Canadian International Development Agency (2002), Gender Profiles:Kenya.
- Kameri-Mbote,P. (1995) The Law of Succession in Kenya.WLEA,Publications n°3,Nairobi.
- Kibwana,K. (1992) Women and the Constitution in Kenya. Verfassung und Recht in Ubersee,pp.6-20.
- Lawless,J. And R.Fox (1999) Women Candidates in Kenya: Political Socialization and Representation; in Women and Politics,pp.49-76.
- Mbeo,M.A.and O.Ooko-Ombaka (eds) (1989) Women and Law in Kenya: Perpectives and Emerging Issues. Public Law Institute, Nairobi.
- Oboler,R.S. (1985) Women Power and Economic Change: the Nandi of Kenya. Stanford University Press, Stanford.
- UNDP (1999) Human Development Report 1999.
- Rhoodie,E.M. (1989) Discrimination against Women: a Global Survey of the Economic, Educational, Social and Political Status of Women, chapter 8; Mc Farland, Jefferson, NC.
- Robertson,C. (1996) Grassroots in Kenya: Women, Genital Mutilation, and Collective Action, 1920-1990. Journal of Women in Culture and Society, pp.615-642.
- Weintraub, H.(1997) Status of Women, Maternal Child Health and Family Planning in Kenya. International Journal of Public Administration, pp. 1751-67
- World Bank (1989). Kenya, the Role of Women in Economic Development. Country Study>. Washington.
