Research Directorate, Immigration and Refugee Board of Canada

1. Situation and Treatment of Single Women and Women-Headed Households

Based on data interpreted by Nation, a news website covering Kenya, Uganda, Tanzania, and other African countries, female-headed households in urban areas have increased from 27 percent in 2014 to 31 percent in 2022 (2023-07-04). According to data published by the World Bank, the percentage of households headed by women in Kenya in 2022 was 33.9 percent (2022). The Kenya National Bureau of Statistics (KNBS) 2019 Kenya Population and Housing Census, in a report published in April 2022, indicates that 38.2 percent of Kenya's households are female-headed, with households in rural areas at 39.2 percent, households in urban areas at 36.7 percent, and Nairobi City at 34.2 percent (Kenya 2022-04, 42).

A 2022 policy research working paper on gender differences in households coping with the COVID-19 pandemic in Kenya, published by the World Bank and written by researchers working at the World Bank, and presenting data taken from "a rapid response phone survey conducted with Kenyan households by the World Bank from May 2020 to June 2021," indicates that women-headed households "have a higher childcare burden and smaller livestock values"; however, in terms of poverty levels, men- and women-headed households "are not significantly different" (Xu, et al. 2022-03, 3, 4). The same paper found that women who are heads of households "are more likely to be separated, divorced or widowed" in relation to households headed by men (Xu, et al. 2022-03, 4). Nation reports that "nearly" 8 million [women] in Kenya are widowed, reflecting 15 percent of the population (2022-03-22).

The 2019 Kenya Population and Housing Census, without specifying gender statistics among this group, found that "single member households are dominant" in urban areas of Kenya, representing 29.1 percent of households, compared with 25 percent that are "nuclear" households in urban areas; additionally, female-headed households with children (10.2 percent of households in urban areas and 13.2 percent in rural areas) "are about 6 times" more numerous than male-headed households with children (1.8 percent of households in urban areas and 2.4 percent in rural areas) (Kenya 2022-04, 34). The census also found that the percentage of female-headed households with grandchildren in urban areas is 0.6, while in rural areas, it is 2.7, and adds that these types of households "are on the increase" and "are very vulnerable and require social support for their development," due to the absence of "their [the grandmother's] key support mechanisms (working sons and daughters)" (Kenya 2022-04, 34). The census also found that 30.7 percent of Nairobi City households are occupied by a single member, while 8.8 percent of households are female-headed with children, compared to 1.9 percent which are male-headed with children; finally, female-headed households with grandchildren in Nairobi City represent 0.3 percent of households, while zero percent of households are male-headed with grandchildren (Kenya 2022-04, 34). Another table which breaks down the rates of ages of female heads of household per the same 2019 census indicates a "sharp increase on the female age-specific headship rate above age 55" (Kenya 2022-04, 47).

In an interview with the Research Directorate, a knowledge production manager at the Initiative for Strategic Litigation in Africa (ISLA) [1], who also works as an advocate in the High Court of Kenya and has conducted research on human rights, women, and gender-based violence issues in Kenya, speaking on their own behalf, noted that Kenya is a patriarchal society; public authorities and Kenyan police have a "gender problem," and single women face "general harassment" from public authorities (Knowledge Production Manager 2024-08-22). The same source added, noting that Nairobi has a city council as a part of its administrative organization, that there is a culture of "power" from Nairobi county officials that do not have "real authority" but use that "cultural power" to arrest and harass women, [particularly] women who hold property or are involved with market or trade (Knowledge Production Manager 2024-08-22).

2. Legislation
2.1 Constitution of Kenya

The Constitution of Kenya, 2010 provides the following:

27. Equality and freedom from discrimination

…

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language, or birth.

…

40. Protection of right to property

(1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property—

1. of any description; and
2. in any part of Kenya.

(2) Parliament shall not enact a law that permits the State or any person—

1. to arbitrarily deprive a person of property of any description or of any interest in, or right over, any property …

…

60. Principles of land policy

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—

…

f. elimination of gender discrimination in law, customs and practices related to land and property in land. (Kenya 2010, Sec. 27, 40, 60, bold in original)

Regarding the rights within a marriage, section 45(3) of the Constitution of Kenya, 2010 provides the following: "Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage" (Kenya 2010).

Regarding reproductive health care, the Constitution of Kenya, 2010 provides the following:

26. (1) Every person has the right to life

…

(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

…

Economic and social rights

43. (1) Every person has the right—

1. to the highest attainable standard of health, which includes the right to health care services, including reproductive health care… (Kenya 2010, Sec. 26, 43, bold in original)

2.2 Marriage Act

The Marriage Act, 2014 provides the following regarding the maintenance of spouses and orders of maintenance:

77. (1) The court may order a person to pay maintenance to a spouse or a former spouse—

1. if the person has refused or neglected to provide for the spouse or former spouse as required by this Act;
2. if the person has deserted the other spouse or former spouse, for as long as the desertion continues;
3. during the course of any matrimonial proceedings;
4. when granting or after granting a decree of separation or divorce; or
5. if, after making a decree of presumption of death, the spouse or former is found to be alive.

…

78. Except where an order for maintenance of a spouse is expressed to be for any shorter period or where any such order has revoked [sic] and subject to section, the order shall lapse—

1. if the maintenance was unsecured, on the death of the spouse;
2. if the maintenance was secured, on the death of the spouse in whose favour it was made; or
3. where the person being maintained is subsequently able to support himself or herself.

79. An order of maintenance shall lapse upon the remarriage of the beneficiary of the order. (Kenya 2014, Sec. 77, 78, 79, bold in original)

In June 2023, the Marriage (Amendment) Bill, 2023 was put forward to "amend the Marriage Act, 2014 to provide for the dissolution of marriage by mutual consent and for connected purposes" (Kenya 2023, preamble). According to a bill tracker dated 26 September 2024, prepared by Kenya's National Assembly, the Marriage (Amendment) Bill, 2023 had its first reading in August 2023 (Kenya 2024-09-26). Information on whether the bill has been rejected or become law could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.3 Matrimonial Property Act

The Matrimonial Property Act, 2013 provides the following:

4. Equal status of spouses –
Despite any other law, a married woman has the same rights as a married man —

1. to acquire, administer, hold, control, use and dispose of property whether movable or immovable.
2. to enter into a contract; and

…

6. Meaning of matrimonial property

(1) For the purposes of this Act, matrimonial property means—

1. the matrimonial home or homes;
2. household goods and effects in the matrimonial home or homes; or
3. any other immovable and movable property jointly owned and acquired during the subsistence of the marriage.

(2) Despite subsection (1), trust property, including property held in trust under customary law, does not form part of matrimonial property.

(3) Despite subsection (1), the parties to an intended marriage may enter into an agreement before their marriage to determine their property rights.

(4) A party to an agreement made under subsection (3) may apply to the Court to set aside the agreement and the Court may set aside the agreement if it determines that the agreement was influenced by fraud, coercion or is manifestly unjust.

7. Ownership of matrimonial property

Subject to section 6(3), ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved. (Kenya 2013, Sec. 4, 6, 7, bold in original)

The Matrimonial Property Act provides the following definition regarding the interpretation of "contribution":

2. Interpretation –
In this Act, unless the context otherwise requires—"contribution" means monetary and non-monetary contribution and includes—

1. domestic work and management of the matrimonial home;
2. child care;
3. companionship;
4. management of family business or property; and
5. farm work. … (Kenya 2013, Sec. 2, bold in original)

A joint report published by the International Development Law Organization (IDLO) [2] and the UN Entity for Gender Equality and the Empowerment of Women (UN Women), written by Consolata Ngondi and Petronella Mukaindo, on gender equality in Kenyan law indicates that section 7 of the Matrimonial Property Act "results in indirect discrimination against women," as "proving monetary and non-monetary contributions to matrimonial property presents evidentiary challenges," and "currently there is no formula for quantifying the unpaid domestic work of women as a 'contribution'" (Ngondi & Mukaindo 2024, 39).

2.4 Law of Succession Act

The Law of Succession Act provides the following:

PART III – PROVISIONS FOR DEPENDANTS

26. Provisions for dependants not adequately provided for by will or on intestacy –

Where a person dies after the commencement of this Act, and so far as succession to his property is governed by the provisions of this Act, then on the application by or on behalf of a dependant, the court may, if it is of the opinion that the disposition of the deceased's estate effected by his will, or by gift in contemplation of death, or the law relating to intestacy, or the combination of the will, gift and law, is not such as to make reasonable provision for that dependant, order that such reasonable provision as the court thinks fit shall be made for that dependant out of the deceased's net estate.

…

29. Meaning of dependant

For the purposes of this Part, "dependant" means—

1. the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death;
2. such of the deceased's parents, step-parents, grand-parents, grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, and half-brothers and half-sisters, as were being maintained by the deceased immediately prior to his death; and
3. where the deceased was a woman, her husband if he was being maintained by her immediately prior to the date of her death.

…

32. Excluded property –

The provisions of this Part shall not apply to—

1. agricultural land and crops thereon; or
2. livestock,

in various Districts set out in the Schedule:

West Pokot   Wajir   Samburu   Lamu

Turkana   Garissa   Isiolo   Kajiado

Marsabit   Tana River

Mandera   Narok

33. Law applicable to excluded property

The law applicable to the distribution on intestacy of the categories of property specified in section 32 shall be the law or custom applicable to the deceased’s community or tribe, as the case may be.

…

35. Where intestate has left one surviving spouse and child or children

(1) Subject to the provisions of section 40 [3], where an intestate has left one surviving spouse and a child or children, the surviving spouse shall be entitled to—

1. the personal and household effects of the deceased absolutely; and
2. a life interest in the whole residue of the net intestate estate:

Provided that, if the surviving spouse is a widow, that interest shall determine upon her re-marriage to any person.

…

36. Where intestate has left one surviving spouse but no child or children

(1) Where the intestate has left one surviving spouse but no child or children, the surviving spouse shall be entitled out of the net intestate estate to—

1. the personal and household effects of the deceased absolutely; and
2. the first ten thousand shillings [Kenyan Shillings (KES) [C$107]] out of the residue of the net intestate estate, or twenty per centum thereof, whichever is the greater; and
3. a life interest in the whole of the remainder:

Provided that if the surviving spouse is a widow, such life interest shall be determined upon her re-marriage to any person.

(2) The Minister may, by order in the Gazette, vary the amount specified in paragraph (b) of subsection (1).

(3) Upon the determination of a life interest created under subsection (1), the property subject to that interest shall devolve in the order of priority set out in section 39.

…

39. Where intestate has left no surviving spouse or children

(1) Where an intestate has left no surviving spouse or children, the net intestate estate shall devolve upon the kindred of the intestate in the following order of priority—

1. father; or if dead
2. mother; or if dead
3. brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none
4. half-brothers and half-sisters and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none
5. the relatives who are in the nearest degree of consanguinity up to and including the sixth degree, in equal shares.

(2) Failing survival by any of the persons mentioned in paragraphs (a) to (e) of subsection (1), the net intestate estate shall devolve upon the State, and be paid into the Consolidated Fund. (Kenya 1972, Sec. 26, 29, 32, 33, 35, 36, 39 bold in original)

In 2022, Kenya's High Court at Meru declared sections 35(1)(b), 36(1)(b) and 39(1)(a) and (b) of the Law of Succession Act "unconstitutional" for restricting the rights of women and girls; the petitioner, Ripples International [an NGO based in Meru that "protects the rights of women and children" (Nation 2022-10-01)] had also challenged sections 32 and 33, but the judge did not make a determination in their regard, stating that further study was needed (Kenya 2022-09-29). Information indicating if the law was amended could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. A 2021 joint publication by the Kenya Land Alliance (KLA) and the Federation of Women Lawyers Kenya (FIDA-Kenya) [4] states that the Law of Succession Act has "discriminatory provisions," such as one in which a woman "forfeits her interest in the husband's estate if she remarries"; further, property rights under the Women's Property Act or the Law of Succession Act depend on marriages being registered, which poses obstacles because "registration is not required" for customary marriages (KLA & FIDA-Kenya 2021-03-24, 2). However, the report published by IDLO and UN Women points to "numerous progressive [court] decisions" showing that when customary laws are challenged in Kenyan courts "with regard to the rights of married daughters to inherit their deceased father's estate," judges "have often upheld equality provisions" (Ngondi & Mukaindo 2024, 83).

2.5 Land Registration Act

The Land Registration Act, 2012 provides the following:

Overriding interests.

28. Unless the contrary is expressed in the register, all registered land shall be subject to the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register—

1. spousal rights over matrimonial property …

…

Co-ownership and other relationships between spouses.

93. (1) Subject to the law on matrimonial property, if a spouse obtains land for the co-ownership and use of both spouses or, all the spouses—

1. there shall be a presumption that the spouses shall hold the land as joint tenants … (Kenya 2012, Sec. 28, 93, bold in original)

The same source further provides the following regarding the transmission of land upon the death of a tenant or a change in name:

Transmission on death of joint proprietor.

60. If any of the joint tenants of any land, lease or charge dies, the Registrar shall, upon proof of the death, delete the name of the deceased tenant from the register by registering the death certificate.

…

Rectification by Registrar.

79.

…

(3) Upon proof of the change of the name or address of any proprietor, the Registrar shall, on the written application of the proprietor, make an entry in the register to record the change. (Kenya 2012, Sec. 60, 79, bold in original)

According to the Kenya Institute for Public Policy Research and Analysis (KIPPRA) [5], while legal protections such as the National Land Policy of 2009 and articles 40 and 60(f) of the 2010 Constitution of Kenya, which respectively seek to protect "women's land rights" and "provide for the rights of all Kenyans to hold and own property," over "70% of women in Kenya do not own any kind of land" (2024-01-08).

2.6 Employment Act

The Employment Act, 2007, provides the following:

5. Discrimination in employment
(1) It shall be the duty of the Minister, labour officers and the Industrial Court—

1. to promote equality of opportunity in employment in order to eliminate discrimination in employment;

…

(3) No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee—

1. on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status;
2. in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment.

(4) It is not discrimination to—

1. take affirmative action measurers consistent with the promotion of equality or the elimination of discrimination in the workplace;
2. distinguish, exclude or prefer any person on the basis of an inherent requirement of a job;

…

(5) An employer shall pay his employees equal remuneration for work of equal value.

(6) An employer who contravenes the provision of the section commits an offence. […] (Kenya 2007, Sec. 5, bold in original)

2.7 Islamic and Customary Law

A report by Human Rights Watch and FIDA-Kenya indicates that "Kenya has a mix of common law, customary law, and Islamic law systems"; regarding Islamic law, a Kadhi's court, a "subordinate court in Kenya's court system that hears matters related to Islamic law," makes decisions according to Islamic law, which includes a range of schools of jurisprudence, as well as ethnic and cultural traditions and "a variety of personal factors," leading to a lack of "clear" rules to guide "the issue of division of matrimonial property at dissolution of Islamic marriages" (2020-06-25, 24, 25). The same source notes that the Kadhi's decision is based on negotiations between the spouses and the court official (HRW & FIDA-Kenya 2020-06-25, 25). In a 2021 article published in the Journal of African Law, Professor Jamil Ddamulira Mujuzi of the University of Western Cape's Faculty of Law examines case law from Kadhis' courts, the High Court and the Court of Appeal and notes that there are "tensions" between human rights and Islamic law in cases of Muslim marriages, divorce and inheritance (Mujuzi 2021-10-01, 377).

3. Access to Services, Particularly in Nairobi

Information on access to services for single women, particularly in Nairobi, was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1 Access to Housing, Property and Land

According to the KLA and FIDA-Kenya joint publication, "[i]n law and in practice, Kenyan women's rights women are unequal to those of men," due to "customs, laws and individuals including government officials," and women "only hold 1% of registered land titles in their names and around 5-6 % of registered titles held in joint names" (2021-03-24, 1). The same source further reports that there are "over 75 laws governing land" ownership and access, "[m]any" of which are "obsolete," and the legal framework as a whole is "outdated, obscure and highly technical" with conflicts between "different land regimes within the same area"; additionally, land records are in a "poor state" and women's interests are "largely not recorded on title deeds" and "can be disposed of without their knowledge or consent" (KLA & FIDA-Kenya 2021-03-24, 1, 2). According to the US Department of State's Country Reports on Human Rights Practices for 2023, while the constitution provides equal rights for property ownership and inheritance, and laws "protect matrimonial property during and upon termination of a marriage," "civil society groups" report that the government "did not always effectively enforce the law" (US 2024-04-22, 29). The same source indicates that women face institutional and legal barriers to accessing their share of matrimonial property upon a dissolution, and "many women did not know the details of inheritance law" (US 2024-04-22, 29). According to the Guardian, while the state protects widows' inheritance "in theory," "patriarchal culture and the influence of colonial legislation that restricted married women's property rights means the law is often not enforced" (2022-07-01).

According to the Knowledge Production Manager, while there are no "legal hurdles" for women to access housing and male support is not required to sign a housing agreement or a lease, access to housing is affected by "perceptions of single women by society," including by "private landlords" who see single women as "deviant" or deviating from tradition if they are not married by a "certain age" (2024-08-22). The same source added, however, that the biggest "impediment" to accessing housing is the single woman's socioeconomic status, noting "economic hurdles" (Knowledge Production Manager 2024-08-22). In correspondence with the Research Directorate, the founder and Project Director of Single Mothers Association of Kenya (SMAK), a community organization responding to the health and education needs of women and youth in Nairobi's Eastlands and western Kenya (SMAK n.d.), noted that [Kenyan society and authorities (2024-09-27)] give "very little recognition and attention" to single mothers in need, and added that this is exacerbated by landlords who do not rent their houses to single mothers for "fear of accumulative unpaid house rents due to [the single mothers'] poor financial status" (SMAK 2024-08-23). The same source indicated that certain married landlords "cannot accommodate" a single woman or mother as a tenant on their property, because the landlord's wife will fear that the single woman may "start a love affair" with her husband or son (SMAK 2024-08-23). Finally, the SMAK founder noted that despite Kenya's policy against forced eviction, forced evictions occur in rural and urban areas against single mothers and their children, including during the rainy season (2024-08-23).

The 2022 Kenya Demographic and Health Survey (KDHS) [6] provides the following statistics based on interviews with 32,156 women, among whom 10,438 were never married, 17,822 were married or living with a partner, 908 were widowed, and 2,989 were divorced or separated:

House and land ownership: Women

Percent distribution of women age[d] 15–49 by house and land ownership, according to current marital status, Kenya DHS 2022

HOUSE OWNERSHIP

	Never married	Married/living together	Widowed	Divorced/separated	Total
Owns	1.8	52.5	65.2	14.0	32.8
Alone	1.6	2.5	54.7	11.8	4.5
Jointly with spouse/partner only	n/a	49.1	9.4	1.5	27.7
Jointly with someone else only	0.0	0.2	0.6	0.6	0.2
Jointly with spouse/partner and someone else	n/a	0.6	0.4	0.0	0.3
Both alone and jointly	0.2	0.1	0.0	0.1	0.1
Does not own	98.2	47.5	34.8	86.0	67.2

ARGICULTURAL LAND OWNERSHIP

	Never married	Married/living together	Widowed	Divorced/separated	Total
Owns	1.7	39.4	48.6	10.7	24.8
Alone	1.4	1.6	37.3	7.8	3.1
Jointly with spouse/partner only	n/a	34.9	7.7	1.6	19.7
Jointly with someone else only	0.3	0.9	2.1	1.3	0.8
Jointly with spouse/partner and someone else	n/a	1.8	1.1	0.0	1.1
Both alone and jointly	0.1	0.2	0.4	0.0	0.1
Does not own	98.3	60.6	51.4	89.3	75.2

NONARGICULTURAL LAND OWNERSHIP

	Never married	Married/living together	Widowed	Divorced/separated	Total
Owns	1.1	10.2	11.5	4.1	6.7
Alone	0.9	0.9	10.0	3.1	1.4
Jointly with spouse/partner only	n/a	8.9	1.1	0.4	4.8
Jointly with someone else only	0.2	0.3	0.2	0.5	0.3
Jointly with spouse/partner and someone else	n/a	0.4	0.0	0.0	0.2
Both alone and jointly	0.1	0.2	0.1	0.1	0.1
Does not own	98.9	89.8	88.5	95.9	93.3

(KNBS of Kenya & ICF 2023-01, 9, 73)

The same source published the following tables on the percentage distribution of women homeowners in the same age group, according to whether they have a title or deed, among other measures:

House ownership and documentation of ownership: Women

Percent distribution of women age[d] 15–49 by ownership of a house, and among women who own a house, percent distribution by whether the house owned has a title/deed and whether or not the woman's name appears on the title/deed, according to background characteristics, Kenya DHS 2022

HOUSE OWNERSHIP

Background characteristic	Alone	Jointly*	Both alone and jointly	Percentage who do not own a house	Woman's name is on title/deed	Woman's name is not on title/deed	Does not have a title/deed	[Does not know if her name is on the title/deed or if there is a title/deed]
Age
15-19	0.3	2.8	0.1	96.8	6.0	9.8	80.6	3.6
20-24	1.0	16.7	0.1	82.1	3.5	10.5	82.9	3.1
25-29	2.0	30.3	0.1	67.6	6.9	13.0	78.1	2.0
30-34	4.5	37.4	0.1	57.9	9.8	13.9	74.6	1.7
35-39	8.1	41.7	0.2	50.0	11.1	16.9	71.2	0.9
40-44	11.4	46.9	0.1	41.7	11.7	18.3	68.7	1.3
45-49	14.0	48.8	0.2	37.1	11.2	20.4	67.3	1.1
Residence
Urban	2.4	14.6	0.1	82.9	22.0	23.7	52.5	1.8
Rural	6.0	37.5	0.1	56.3	5.9	13.4	79.1	1.6
Education
No education**	10.2	36.3	0.4	53.1	5.3	8.9	84.8	0.9
Primary	6.7	36.6	0.1	56.7	5.3	14.4	78.6	1.7
Secondary	2.4	21.1	0.1	76.4	8.9	16.6	72.4	2.1
More than secondary	2.9	23.3	0.1	73.6	25.7	21.8	51.6	0.9

* Jointly with husband, someone else, or both husband and someone else.

** No education includes informal education (Madrassa/Duksi/adult education), and more than secondary includes middle-level colleges and universities. Excludes people who reported vocational training as the highest education level attended.

House ownership and documentation of ownership by county: Women

Percent distribution of women age[d] 15–49 by ownership of a house, and among women who own a house, percent distribution by whether the house owned has a title/deed and whether or not the woman's name appears on the title/deed, according to county, Kenya DHS 2022

HOUSE OWNERSHIP

County	Alone	Jointly	Both alone and jointly	Percentage who do not own a house	Woman's name is on title/deed	Woman's name is not on title/deed	Does not have a title/deed	[Does not know if her name is on the title/deed or if there is a title/deed]
Nairobi City	1.4	12.2	0.0	86.4	29.8	32.0	34.4	3.8
Kiambu	4.2	18.1	0.5	77.2	15.4	15.9	68.7	0.0
Kisumu	5.9	26.2	0.0	67.9	4.2	6.9	88.4	0.5
Meru	9.4	33.3	0.2	57.1	8.2	24.6	65.6	1.6
Mombasa	4.3	12.4	0.2	83.1	24.0	17.9	56.6	1.5
Turkana	17.7	38.8	0.2	43.2	2.0	2.8	95.0	0.2

(KNBS of Kenya & ICF 2023-01, 73, 74)

3.2 Access to Income, Employment and Financial Resources

US Country Reports 2023 states that while the constitution provides equal rights for men and women, "the justice system widely applied customary laws that discriminated against women, limiting their political and economic rights" (2024-04-22, 29). Sources report that while there are non-discrimination laws, gender-based discrimination occurred in employment (US 2024-04-22, 29) or that "some women are excluded" from jobs which are "heavily male dominated" due to cultural reasons (Knowledge Production Manager 2024-08-22). US Country Reports 2023 specifies that women in Kenya had "difficulty working in nontraditional fields, received slower promotions, and were more likely to be dismissed" (2024-04-22, 29). In an interview with the Research Directorate, a program officer at the Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN)—an NGO whose work focuses on advocating for health-related human rights (KELIN n.d.)—and who works as an Advocate of the High Court of Kenya with a focus on gender and human rights issues, noted, speaking on their own behalf, that pregnant women are perceived by employers as planning on leaving their posts "'soon'," and is aware of cases of pregnant women who were "excluded from employment" (Program Officer 2024-08-21). Additionally, the Knowledge Production Manager indicated that Kenya does not have "enough" economic opportunities for single women in terms of employment and it is difficult to start a business in Kenya, due to the economic situation and single women's access to the market, which is "not friendly" (2024-08-22).

The joint KLA and FIDA-Kenya document indicates that there are "no law[s] prohibiting women from accessing credit facilities" (2021-03-24, 1). The Knowledge Production Manager noted that there are "anti-discrimination rules" that allow women to access banking services and a bank card without male support (2024-08-22). The Program Officer noted that while banking does not require male support, banking cannot be accessed without an identification card, and in certain communities including Somali communities, single women may not have access to them for societal or cultural reasons, or conservative practices of "men holding [their] ID cards" (2024-08-21). The same source added that in order for women to access credit from banks, they need to "have something built up," such as property, or other assets to secure credit against; for widows, and particularly in rural communities, their inheritance and ties to their deceased husband's property are overtaken by the husband's family (Program Officer 2024-08-21).

3.3 Access to Health Care

According to the 2022 KDHS, "[o]ne in four persons in Kenya (26% of females and 27% of males) have some form of health insurance," and the National Health Insurance Fund "is the most common type of health insurance" for both men and women (24 percent of whom are covered, for both groups) (KNBS of Kenya & ICF 2023-01, 12). The same survey found that health insurance coverage is higher in urban areas compared to rural areas, with 39 percent of women in urban areas having coverage, and 20 percent in rural areas (KNBS of Kenya & ICF 2023-01, 12). Finally, the 2022 KDHS found that wealth is another indicator of health insurance coverage, with 5 percent of "females and males in the lowest wealth quintile" having access to it, compared with 56 percent of women and 60 percent of men in the "highest wealth quintile" (KNBS of Kenya & ICF 2023-01, 12).

The Knowledge Production Manager noted that there are no legal hurdles in accessing health care, but there are "very significant economic hurdles," emphasizing that intersectionality and class analysis must be considered regarding access to health care, as a person's education level and socio-economic status affect their situation and access to health care (2024-08-22). The same source added that, "last year," there was a case in which single mothers from lower socioeconomic groups living with HIV faced "forced sterilization" practices in "20 percent of hospitals in Nairobi," including through hospital initiatives that promoted "family planning through a reward system of money and food" targeting "poor women," as well as "misinforming" or "coercing" women to undergo procedures such as tubal ligation; the case is "still making its way through the court system" (Knowledge Production Manager 2024-08-22). According to a 2023 BBC report on a nine-year court case of four women living with HIV who experienced sterilization "without their informed consent," with at least three of the cases involving a "state-owned" Nairobi hospital, including two single mothers whose access to free formula or food for their child was guaranteed by the hospital only if they showed "proof" that they were using "family planning"; both women recounted going to a clinic that asked them to sign a form consenting to sterilization, which they were not able to read nor understand (2023-12-04). The Knowledge Production Manager noted that regardless of "legislation and progress in courts," rulings "are never really implemented on the ground" and damages are not paid out to plaintiffs (2024-08-22). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.4 Access to Support Services

Information on access to state-run or state-funded support services for single women and women who head households in Kenya, particularly in Nairobi, was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Knowledge Production Manager, many social services programs, including economic and legal services, as well as programs for single women heading a family, "have been delegated to" NGOs and private institutions, in partnerships with banks (2024-08-22). The same source added that "women who know how to navigate [social] programs are able to access programs, whereas the lower socioeconomic classes, and single women," are unable to access them (Knowledge Production Manager 2024-08-22). The Knowledge Production Manager further stated that there are three "safe houses" run by the government, including "[only] one that is operational," as they are "understaffed" and the housing conditions are "unsafe" (2024-08-22).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Initiative for Strategic Litigation in Africa (ISLA) is a feminist and Pan-African organization that aims to "strengthen strategic human rights litigation across the African continent" (ISLA n.d.).

[2] The International Development Law Organization (IDLO) is an intergovernmental organization that "promot[es] the rule of law to advance peace and sustainable development"; it works in more than 90 countries around the world and holds UN Observer Status (IDLO n.d.).

[3] Section 40 of the Law of Succession Act provides the following:

40. Where intestate was polygamous

1. Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.
2. The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38. (Kenya 1972)

[4] The Kenya Land Alliance (KLA) is an NGO and "umbrella network of [c]ivil [s]ociety [o]rganizations and individuals" that advocates for equitable land laws and policy reform in Kenya, aiming for "equitable access to land and natural resources" (KLA n.d.). Federation of Women Lawyers Kenya (FIDA-Kenya) is a Kenya-based organization that promotes access to justice for women (FIDA-Kenya n.d.).

[5] Kenya Institute for Public Policy Research and Analysis (KIPPRA) is a public institution or "state corporation" based in Nairobi that provides advice to the Government of Kenya and "other key stakeholders" through policy research and analysis and capacity building (KIPPRA n.d.).

[6] The 2022 Kenya Demographic and Health Survey (KDHS) was implemented by the Kenya National Bureau of Statistics (KNBS) in partnership with the Ministry of Health and other partners, with assistance from ICF, an organization that manages the DHS Program, a US Agency for International Development (USAID)-funded project that implements "population and health surveys" worldwide (KNBS of Kenya & ICF 2023-01, ii). The survey data was collected between 17 February and 13 July 2022 (KNBS of Kenya & ICF 2023-01, 7). KDHS interviewed a total of 37,911 households, of which 14,330 were in urban areas and 23,581 in rural areas (KNBS of Kenya & ICF 2023-01, 9).

References

British Broadcasting Corporation (BBC). 2023-12-04. Dorcas Wangira. "HIV and Forced Sterilisations: How Four Kenyan Women Found Justice." [Accessed 2024-09-23]

Federation of Women Lawyers Kenya (FIDA-Kenya). N.d. "What We Do." [Accessed 2024-09-23]

The Guardian. 2022-07-01. Caroline Kimeu. "Bereaved then Evicted by In-Laws: Kenya's Widows Fight Disinheritance." [Accessed 2024-08-26]

Human Rights Watch (HRW) & Federation of Women Lawyers Kenya (FIDA-Kenya). 2020-06-25. "Once You Get Out, You Lose Everything": Women and Matrimonial Property Rights in Kenya. [Accessed 2024-09-05]

Initiative for Strategic Litigation in Africa (ISLA). N.d. "About Us." [Accessed 2024-09-23]

International Development Law Organization (IDLO). N.d. "About IDLO." [Accessed 2024-09-27]

Kenya. 2024-09-26. The National Assembly. Bills Tracker 2024. [Accessed 2024-10-03]

Kenya. 2023. The Marriage (Amendment) Bill, 2023. [Accessed 2024-09-05]

Kenya. 2022-09-29. High Court at Meru. Ripples International v Attorney General (Constitutional Petition E017 of 2021) [2022] KEHC 13210 (KLR) (29 September 2022) (Judgment). [Accessed 2024-09-13]

Kenya. 2022-04. Kenya National Bureau of Statistics (KNBS). 2019 Kenya Population and Housing Census: Analytical Report on Household and Family Dynamics. Vol. XI. [Accessed 2024-09-13]

Kenya. 2014. The Marriage Act, 2014. [Accessed 2024-09-26]

Kenya. 2013. Matrimonial Property Act. [Accessed 2024-09-05]

Kenya. 2012. The Land Registration Act, 2012. [Accessed 2024-09-05]

Kenya. 2010. The Constitution of Kenya, 2010. [Accessed 2024-08-09]

Kenya. 2007 (amended 2012). Employment Act. [Accessed 2024-09-05]

Kenya. 1972 (amended 1990). Law of Succession Act. [Accessed 2024-09-05]

Kenya National Bureau of Statistics (KNBS) of Kenya & ICF. 2023-01. Kenya Demographic and Health Survey 2022: Key Indicators Report. [Accessed 2024-08-29]

Kenya Institute for Public Policy Research and Analysis (KIPPRA). 2024-01-08. Wilkista Lore & Geoffrey Baragu. "Promoting Land Ownership Among Women in Kenya." [Accessed 2024-09-17]

Kenya Institute for Public Policy Research and Analysis (KIPPRA). N.d. "Who We Are." [Accessed 2024-09-17]

Kenya Land Alliance (KLA) & Federation of Women Lawyers– Kenya (FIDA-Kenya). 2021-03-24. Policy Brief: Women, Land, and Property Rights and the Land Reforms in Kenya. [Accessed 2024-08-09]

Kenya Land Alliance (KLA). N.d. "About Us." [Accessed 2024-08-16]

Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN). N.d. "Our History." [Accessed 2024-09-17]

Knowledge Production Manager, Initiative for Strategic Litigation in Africa (ISLA). 2024-08-22. Interview with the Research Directorate.

Mujuzi, Jamil Ddamulira. 2021-10-01. "The Islamic Law of Marriage and Inheritance in Kenya." Journal of African Law. Vol. 65, No. 3. [Accessed 2024-09-17]

Nation. 2023-07-04. Moraa Obiria. "Single Mums: How We Became Heads of Our Families." [Accessed 2024-09-05]

Nation. 2022-10-01. David Muchui. "Law Denying Remarried Widows Right to Ex-Husband Property Declared Unconstitutional." [Accessed 2024-09-05]

Nation. 2022-03-22. Evelyn Odhiambo. "Widows Are Part of the Journey to Gender Equality." [Accessed 2024-09-17]

Ngondi, Consolata & Petronella Mukaindo. 2024. Strengthening Gender Equality in Law: Mapping Discriminatory Laws Against Women and Girls in Kenya. International Development Law Organization (IDLO) & United Nations Entity for Gender Equality and the Empowerment of Women (UN Women). [Accessed 2024-09-17]

Program Officer, Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN). 2024-08-21. Interview with the Research Directorate.

Single Mothers Association of Kenya (SMAK). 2024-09-27. Correspondence from the founder to the Research Directorate.

Single Mothers Association of Kenya (SMAK). 2024-08-23. Correspondence from the founder to the Research Directorate.

Single Mothers Association of Kenya (SMAK). N.d. "About Us." [Accessed 2024-08-20]

United States (US). 2024-04-22. Department of State. "Kenya." Country Reports on Human Rights Practices for 2023. [Accessed 2024-08-09]

World Bank. 2022. "Female Headed Households (% of Households with a Female Head) – Kenya." [Accessed 2024-09-16]

Xu, Yuanwei, Antonia Delius & Utz Pape. 2022-03. Gender Differences in Household Coping Strategies for COVID-19 in Kenya. Policy Research Working Paper 9959. World Bank. [Accessed 2024-09-13]

Additional Sources Consulted

Oral sources: African Women's Development and Communication Network; assistant professor at a Canadian university whose research focuses on gender, African politics, and security; Center for Reproductive Rights; Federation of Women's Lawyers; Global Fund for Widows; Kenya Human Rights Commission; Rona Foundation; Widows for Peace through Democracy.

Internet sites, including: African Data Hub; Africanews; Al Jazeera; Amnesty International; Austrian Red Cross – ecoi.net; Business and Human Rights Resource Centre; Business Today; Center for Reproductive Rights; Centre for Rights Education and Awareness; Defenders Coalition; Factiva; Freedom House; Foreign Policy; Gay and Lesbian Coalition of Kenya; Graduate Institute of Geneva; International Center for Research on Women; Joyful Women; Kenya National Commission on Human Rights; Kenyans.co.ke; National Health Insurance Fund Kenya; Organisation for Economic Cooperation and Development; Oxfam – Human Rights Hub, Oxfam Policy and Practice; Rona Foundation; Science Granting Councils Initiative Gender and Inclusivity Project; The Standard; UK – Home Office; UN – UN Sexual and Reproductive Health Agency.