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Quick information guide

Matrimonial Property Act, 2013 has provisions on:

Equal status of spouses (Section 4)

A married women has the same rights as a married man:

  • to acquire, administer, hold, control, use and dispose of property whether movable or immovable;
  • to enter into a contract; and
  • to sue and be sued in her own name.

Special provisions on Matrimonial property (Section 12)

  • Matrimonial property cannot be sold, leased or mortgaged during a monogamous marriage without the consent of both spouses (See section 12(1));
  • Spouses in marriages, including the man and any of the man’s wives in the case of a polygamous marriage, have an interest in matrimonial property capable of protection by caveat, caution or any law in force on registration of title deeds;

Divorce or dissolution of polygamous marriage:

Matrimonial property act (Section 8) clarifies:

  • Matrimonial property acquired by the man after the man marries another wife shall be regarded as owned by the man and the wives taking into account any contributions made by the parties;
  • it is possible for a wife to hold her matrimonial property with the husband separate from that of the other wives; any wife can own matrimonial property equally with the husband without the participation of the other wife or wives.

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Access to land

The Kenyan constitution under Article 40(1) ensured every person has equal rights either individually or in association with others. These rights extend even to the right to acquire and own property in any part of Kenya.

Women in Kenya  have  access  to  land  but  lack  control  over it,  this in turn stops them  from  using  title deeds  as  a form  of  collateral  when seeking financing for their businesses.

This challenge limits the improvement of their economic status.  Kenya has undertaken legal reforms that will help women acquire property.

 Women can now buy and register land individually and they can inherit land from their parents and husbands because of the matrimonial property act.

In 2018 the Kenya Land Alliance disaggregated and analyzed 1,000,099 out of the about 3,200,000 title deeds issued by the Government of Kenya from 2013 to 2017.

In this audit, KLA found out that only 103,043 titles representing 10.3 percent were issued to women while 865,095 titles representing 86.5 percent went to men.

In terms of hectares, out of 10,129,704 ha of land titled; women got 163,253 ha representing a paltry 1.62 percent, while men got 9,903,304 ha representing 97.76 percent.

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angle-left LANDESA

LANDESA

The pilot project was successfully implemented in a remote rural community in Kenya’s Rift Valley. The community reports a wide array of improvements they attribute to the Justice Project, including improvements in representation and functioning of local justice institutions; increased legal awareness; and improvements in household gender power dynamics. In particular, women in the community report increased access to land, increased support from tribal elders, and reduced gender-based violence; and school officials report greater numbers of girls attending school. In addition, there has been an observable increase in commercial activity in the area, reportedly led by women in the community.

To enable replication of the model in additional communities, Landesa developed a project implementation guide in 2015.

 

The project consists of the following components:

  • Curriculum for training elders/chiefs, women, youth, and teachers explaining land rights, particularly women’s, as outlined in Kenya’s Constitution, as well as elders’ legally recognized role in resolving disputes and responsibility to uphold the Constitution and support women’s rights.
  • Facilitated community conversations with these groups, to help them to determine and discuss their concerns about and the possible benefits of women’s equal rights.
  • Public speaking training for the women to give them the skills and confidence they need to advocate for themselves.
  • Alternative dispute resolution training for elders and chiefs, focused on reducing bias against women and improving transparency and consistency in decision-making.
  • Peer group sessions led by women, youth, and elders to share information with others in the community.
  • Youth arts curriculum with local schoolchildren to introduce and reinforce key justice messages to the broader community.
  • Community-wide Justice Day events to raise legal awareness within the community as a whole.

 

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Contacts

Email; info@landesa.org