UN human rights experts urge Kenya to repeal discriminatory sections in Matrimonial Property Act
GENEVA (17 February 2014) – A group of United Nations human rights experts today urged Kenya to repeal sections of the
Marriage and Property Act which effectively deny women the right to marital property upon divorce or death of their
spouse, unless they can prove they made a contribution to the acquisition of the property during their marriage.
“It is expected that very few women will be able to demonstrate such a contribution under the new provisions, since few
Kenyan women have land title deeds in their own names and even less hold deeds jointly with men,” warned independent
expert Frances Raday, who currently heads the UN Working Group on discrimination against women in law and practice.
“Such provisions are serious retrogressive steps in the protection of women’s equal access to land and property, and are
in violation of Kenya’s international and regional human rights obligations,” Ms. Raday stressed. “They clearly
discriminate against Kenyan women and are squarely at odds with equality provisions enshrined in the Kenyan
Constitution.”
The Act, which came into force on 16 January 2014, could result in many Kenyan women losing access to the lands where
they live and farm. Many rural households in Kenya are headed by women, who rely on the land not only to produce food,
but also on the income generated by it to access health care services and educational opportunities for themselves and
their families.
“Women will effectively have no security of tenure, or place to live with their children if their husband leaves them or
dies, which will also increase their risk of experiencing violence,” the expert added. “The passage of the Act will have
a detrimental impact on the right to food, the right to adequate housing and the right to an adequate standard of living
for Kenyan women, children and communities.”
Ms. Raday’ appeal has also been endorsed by the Special Rapporteur on extreme poverty and human rights, Magdalena
Sepúlveda; the Special Rapporteur on the right to food, Olivier De Schutter; the Special Rapporteur on Violence Against
Women, its causes and consequences, Rashida Manjoo, and the Special Rapporteur on adequate housing, Raquel Rolnik.
“We regret the promulgation of this legislation in its current form and urge the Government of Kenya to repeal
discriminatory sections of this Act, and to continue with the country’s advances towards full equality between men and
women as established in the Kenyan Constitution,” the group of experts stated.
The Special Rapporteurs have engaged with the Kenyan Government concerning the provisions in question of the Marriage
and Property Act, and expressed their readiness to assist the authorities in reviewing and bringing the Act into line
with international human rights standards.
ENDS