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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 Ogiek Peoples’ Development Program (OPDP)

Ogiek Peoples’ Development Program (OPDP)

Founded in 1999, Ogiek Peoples’ Development Program (OPDP) is a Non-Governmental Organization (NGO) formed by the typical Ogiek professionals, elders and opinion leaders after long historical injustices that deprived Ogiek community of their rights as Kenyan citizens. OPDP work focus on promoting the identity and recognition of Ogiek culture, championing for land rights, participation and inclusion of community in all sectors of development, ensuring environmental protection, and overall sustainable development.

OPDP is based in Nakuru town and operates in six main counties inhabited by this community namely: - Nakuru, Narok, Nandi, Kericho, Baringo and Uasin Gishu.

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OPDP’s priority interventions

  • Land and Natural Resource Rights- OPDP seeks to ensure access to justice as fundamental human right issues as enshrined in the constitution and other international and regional human right instruments. This is by:-
  1. Ensuring effective interaction of the legal frameworks and structures with collective rights of the Ogiek community: the right to recognition, the right to land and natural resources, the right to participation, the right to development, the right to non-discrimination and substantive equality, and the right to be free from violence.
  2. Providing support for implementation of Kenya’s commitments to promote respect for human rights, gender equality, land rights, and environmental sustainability and relate to areas such as sustainable natural resource management, displacement and resettlement, cultural heritage and indigenous peoples.
  3. Strengthen the social and environmental outcomes affecting the Ogiek community.
  4. Strengthen capacities for managing social and environmental risks.
  • Community Identity and Participation- OPDP focuses on enhancing community-driven development approaches that are well suited to the holistic perspectives of Ogiek community by:-
  1. Ensuring meaningful consultation and participation of the Ogiek community on decisions affecting the community.
  2. Ensuring that the national government enacts appropriate legislation guaranteeing and protecting their rights and identity.
  3. Ensuring mind-set change for people to accept linguistic diversity and enable the survival of indigenous languages.
  4. Ensuring preservation and protection of the culture of the Ogiek community and reduce incidences of prejudice and discrimination
  5. Ensuring participation of Ogiek community in the national planning processes, and development strategies, including on poverty reduction.
  6. Promoting dialogue and conflict prevention programmes involving the Ogiek community and other neighbouring
  • Gender and Youth Empowerment- OPDP strives to strengthen the role of Ogiek women and youth as custodians of culture, language and beliefs of the Ogiek community by;-
  1. Strengthening the role of Ogiek women and youth in the protection of the environment and biodiversity.
  2. Reducing the level of discriminations of Ogiek women and youth.
  3. Enhancing the capacity of Ogiek women and youth to participate in policy dialogue and development programmes.
  4. Improving the economic, political, cultural, educational and health status of Ogiek women and youth.
  • Good Governance and Institutional Capacity- OPDP aims at safeguarding community and stakeholders' satisfaction with its programmes and services by:-
  1. Ensuring effective and efficient operations and service excellence
  2. Ensuring adequate resources for diverse for community change programmes
  3. Ensuring active participation and consultation of community and stakeholders
  4. Strengthening human capital and work environment
  5. Strengthening research and information management capabilities
  6. Strengthening the image and visibility of OPDP in undertaking community and social change programme.

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Contacts

Ogiek Peoples’ Development Program (OPDP)

P.O.Box:424-20115,

Egerton-Kenya

Phone:+254 51 2213803

Email;  

Website; 

 

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