UN Reviews Kenya Over Discriminatory Family Laws As Report Shows Third Of Widows Face Eviction

By Deborah Nyokabi, Equality Now
Geneva/Nairobi

Kenya’s record on women’s rights in marriage and family life is under review at the United Nations, with advocates saying laws continue to discriminate against women 42 years after the country ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The review is taking place during the 93rd session of the CEDAW Committee in Geneva, which is assessing Kenya’s implementation of the treaty.

Kenya ratified CEDAW in 1984. Article 2(6) of its 2010 Constitution makes the convention part of Kenyan law, and Article 27 guarantees equality while Article 45(3) guarantees equal rights for spouses at every stage of marriage.

But a shadow report submitted to the committee by the Global Campaign for Equality in Family Law, Equality Now and Kenyan partners including Come Together Widows and Orphans Organization (CTWOO) says the promise remains unrealised on the ground.

The report focuses on Article 16 of CEDAW, which protects equality in marriage and family life, including equal rights when marrying, during marriage and at its dissolution, and equal rights over parenting, property and decisions about children.

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Marriage registration and property

The report says equality often starts with proof of marriage. Kenya’s Marriage Act of 2014 requires registration, which costs 3,900 Kenyan shillings and requires both spouses to appear before a registrar.

According to the 2022 Kenya Demographic and Health Survey, only 19.3 percent of married women aged 15 to 49 had registered their marriages.

The shadow report found no fee waiver for poor households and no county-level registration drives.

The Matrimonial Property Act of 2013 recognises non-financial contribution to family wealth, but the report says there is no formula for valuing unpaid care work.

In 2023, Kenya’s Supreme Court held that Article 45(3) does not grant an automatic 50 percent share of matrimonial property, leaving women to prove contribution.

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Divorce and access to justice

The report also flags barriers to divorce. Kenya’s divorce law remains largely fault-based, requiring proof of grounds such as adultery, cruelty or desertion.

In 2022, the Court of Appeal ruled that a three-year waiting period for divorce in civil marriages is unconstitutional where divorce is justified sooner, but Parliament has not yet amended the Marriage Act.

Widows’ rights

On widowhood, CTWOO’s August 2025 survey found approximately one-third of widows faced eviction from their home or land after their spouse died, and around a third were excluded from inheritance decisions.

The organisation said it recorded 139 cases involving widows in May 2026 alone.The report notes that Kenya’s Law of Succession Act ends a widow’s life interest in her husband’s estate if she remarries, a provision that does not apply to widowers.

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The High Court declared it unconstitutional in the Ripples International case in September 2022, but it remains in the statute. A Widowed Persons Protection Bill, 2026, tabled in Parliament in May, seeks to consolidate protections.

Religion, violence and reproductive rights

The report raises concerns over Article 24(4) of the Constitution, which allows equality guarantees to be qualified to the extent strictly necessary for Muslim law in Kadhis’ courts covering marriage, divorce and inheritance.

In practice, Muslim daughters can receive half their brothers’ inheritance share, the report says.

On gender-based violence, the report cites Africa Data Hub data documenting at least 1,069 women killed in Kenya between 2016 and 2025.

It notes that Section 43(5) of the Sexual Offences Act excludes lawfully married people from the definition of unlawful sexual acts, creating a marital rape exemption.

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Kenyan law also does not define femicide, the report says, while harmful practices including female genital mutilation persist.

The CEDAW Committee’s findings from the review are expected to include recommendations for Kenya to align its laws with the Constitution and international treaties.

Source: APO Group