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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 MPIDO (Mainyoito Pastoralists Integrated Development Organization).

MPIDO (Mainyoito Pastoralists Integrated Development Organization).

Registered in 2000 as a non-governmental organization, MPIDO envisions a just and equitable society that recognizes and upholds human rights and the fundamental freedom of indigenous people. MPIDO serves the marginalized needs of all Indigenous peoples at a Pan African and Global Stage.

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MPIDO’s priority interventions

  • Land and Natural Resources Rights- Over a decade, MPIDO has continued to respond to the natural resource management (NRM) needs of the poor and marginalized communities in Kajiado, Narok, and Nakuru and Baringo counties through community mobilization and establishment of resource centers, civic education and training of paralegals and through public interest litigation, management committees including land and water resources, policy advocacy at local and national level.
  • Climate Change Interventions-MPIDO has been in forefront in advocating for various climate change interventions within the Indigenous Peoples territories by organizing various global events thus ensuring key participation of indigenous peoples nationally, regionally, and globally.
  • Improve Food Security Index For Pastoralists in ASAL Areas-MPIDO has been doing this through construction of Dams, de-silting and rehabilitation of Dams, drilling of Boreholes, rehabilitation of strategic boreholes (are preserved for drought seasons), capacity building water management committees (WMC), hygiene and sanitation e.g. construction of bathrooms and toilets, gender mainstreaming in i.e. in various committees and environmental conservation e.g. planting of trees around water points
  • Girl Child Education and Women Empowerment- MPIDO advocates for girl child education in the Maasai community to change their position and condition in the community through protection from harmful cultural practices and for them to access equal opportunity in terms of education.  MPIDO also ensures continued Indigenous Women Empowerment Training on their roles of the Kenyan New Constitution as an extension of advocating for the improvement of girl child enrollment in schools in the focus area and influence high retention of the girl child in schools.

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Contacts

Langata Road, Karen,
Nairobi, Kenya

Phone: +254723561012                                                                                                  

Email:                                                                                           

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