Amend the Matrimonial Property Act to: i) create clear presumption of equal ownership for matrimonial property; ii) define matrimonial property to include property owned by either spouse if acquired during the marriage and for purposes of the marriage; and iii) require spousal consent for transactions of matrimonial property in polygamous marriages (currently only required for monogamous marriages). Amend the Marriage Act to recognize de facto, or marriages, as “come-we-stay” contemplated in earlier drafts of the Marriage Bill. Eliminate gender-biased provisions from the Land Laws (Amendment) Bill, or reject the bill in its entirety. Establish and enforce adequate remedies for land disputes involving women, including the provision of free legal aid and counsel, simplified court procedures, and waiver of fees. Collect comprehensive data on the de jure and de facto enjoyment of women’s secure rights to land. *** is an international nonprofit organization dedicated to securing land rights for the rural poor. Landesa has worked in over 50 countries and has contributed to over 110 million families gaining legal land rights, using a combination of robust research, collaborative law and policy design, dedicated advocacy, and tailored evidence-based interventions. www.landesa.org champions legal norms, policies, and systemic innovations to secure women’s land rights; delivers tailored technical expertise; and nurtures a network of land rights professionals and organizations to strengthen women’s land rights locally, regionally, and globally.
Amend the Matrimonial Property Act to: i) create clear presumption of equal ownership for matrimonial property; ii) define matrimonial property to include property owned by either spouse if acquired during the marriage and for purposes of the marriage; and iii) require spousal consent for transactions of matrimonial property in polygamous marriages (currently only required for monogamous marriages). Amend the Marriage Act to recognize de facto, or “come-we-stay” marriages, as contemplated in earlier drafts of the Marriage Bill. Eliminate gender-biased provisions from the Land Laws (Amendment) Bill, or reject the bill in its entirety. Establish and enforce adequate remedies for land disputes involving women, including the provision of free legal aid and counsel, simplified court procedures, and waiver of fees. Collect comprehensive data on the de jure and de facto enjoyment of women’s secure rights to land. *** is an international nonprofit organization dedicated to securing land rights for the rural poor. Landesa has worked in over 50 countries and has contributed to over 110 million families gaining legal land rights, using a combination of robust research, collaborative law and policy design, dedicated advocacy, and tailored evidence-based interventions. www.landesa.org champions legal norms, policies, and systemic innovations to secure women’s land rights; delivers tailored technical expertise; and nurtures a network of land rights professionals and organizations to strengthen women’s land rights locally, regionally, and globally.
INT_CESCR_CSS_KEN_22888_E.docx