DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Kenya
East Africa · Country law profile
Kenya: women’s rights and civic space laws
Kenya’s 2010 Constitution sets principles of equality and non-discrimination and a two-thirds gender rule for elective and appointive bodies, yet the rule has never been enforced and women hold about 24% of parliamentary seats. Kenya has dedicated laws on domestic violence, sexual offences, FGM and matrimonial property, while marital rape remains exempted under section 43(5) of the Sexual Offences Act and surviving spouses do not inherit equally. A record number of femicides in 2024 led to a government taskforce in January 2025. The CIVICUS Monitor downgraded Kenya to ‘repressed’ in December 2024 after a deadly crackdown on protests, and the 2024 amendment to the cybercrimes law is under court challenge.
At a glance
| Capital | Nairobi |
|---|---|
| Legal system | Mixed: English common law, statutory law, customary law and Islamic law (Kadhi courts for Muslim personal matters) |
| Official languages | Kiswahili and English |
Key indicators
24%Women in parliament (all seats) (2026)
30.8%Women in Cabinet (2026)
18Minimum legal age of marriage (2022)
About 170Femicide cases recorded (2024)
83.8 / 100World Bank Women, Business and the Law 1.0 index (2024)
70.0 / 100World Bank Women, Business and the Law 2.0 legal frameworks (2024)
Constitution
| Constitution | Constitution of Kenya, 2010 |
|---|---|
| Quotas or parity | Two-thirds gender rule: no more than two-thirds of members of elective or appointive bodies may be of the same gender. It remains unenforced, with no effective sanctions, and a Gender Implementation Framework was submitted to Parliament in 2024. |
National laws
Gender-based and domestic violence
Protection Against Domestic Violence Act, 2015
Kenya’s first law dedicated to domestic violence; it defines domestic violence and provides for protection orders. World Bank Women, Business and the Law counts it as domestic violence legislation.
Gaps: Kenya has no legal definition of femicide, and official femicide statistics are not reconciled.
Rape and sexual offences
Sexual Offences Act, 2006
Main law on rape and defilement. It also covers other sexual offences.
Gaps: Section 43(5) keeps a marital rape exemption, so rape within marriage is not criminalised.
Source: toolkit-whrd-kenya.org, usikimye.org
Sexual harassment
Sexual Offences Act, 2006, section 23
Creates the offence of sexual harassment; World Bank Women, Business and the Law cites this section as Kenya’s legal provision on sexual harassment.
Source: wbl.worldbank.org
Female genital mutilation
Prohibition of Female Genital Mutilation Act, 2011
Bans FGM in Kenya.
Gaps: A 2026 civil society audit reports that 55% of FGM prosecutions target survivors instead of perpetrators.
Source: toolkit-whrd-kenya.org, usikimye.org
Female genital mutilation
Children Act, 2022 (Act No. 29 of 2022), section 23(1)(b) and 23(2)
Prohibits subjecting a child to FGM, with at least 3 years’ imprisonment or a fine of at least KES 500,000.
Source: bettercarenetwork.org
Child marriage and age of marriage
Children Act, 2022 (Act No. 29 of 2022), sections 2 and 23(1)(c)
Defines a child as anyone under 18 and prohibits child marriage. Child marriage means marriage or cohabitation with a child; any arrangement for it is also covered.
Source: bettercarenetwork.org
Harmful practices
Children Act, 2022, section 23
Prohibits harmful cultural practices against children, including virginity testing and girl child beading. It also bans forced male circumcision.
Source: bettercarenetwork.org
Family and personal status
Marriage Act, 2014
Consolidates the law on marriage, covering the forms of marriage recognised in Kenya and their registration.
Source: toolkit-whrd-kenya.org
Inheritance and succession
Law of Succession Act (Cap. 160), section 36(1)(c)
Governs intestate succession for surviving spouses and children.
Gaps: World Bank Women, Business and the Law finds that female surviving spouses do not have equal inheritance rights to the matrimonial estate.
Source: wbl.worldbank.org
Land and property
Matrimonial Property Act, 2013
Sets out the rights of spouses to matrimonial property during marriage and on its dissolution.
Source: toolkit-whrd-kenya.org
Land and property
Land Act, 2012 and Land Registration Act, 2012
Strengthened women’s rights over marital property, according to the World Bank.
Source: blogs.worldbank.org
Abortion and sexual and reproductive health
Penal Code (Cap. 63), abortion provisions
The Penal Code keeps abortion offences in force.
Gaps: The government is appealing a 2022 High Court ruling that ordered reform of the abortion provisions.
Source: usikimye.org, toolkit-whrd-kenya.org
Girls’ education
Children Act, 2022, section 13
Guarantees every child the right to free and compulsory basic education.
Gaps: The Act has no specific provision on pregnant girls or their continued schooling.
Source: bettercarenetwork.org
Political participation and quotas
Constitution of Kenya, 2010: two-thirds gender rule
Requires that no more than two-thirds of members of elective or appointive public bodies are of the same gender.
Gaps: Sixteen years after adoption the rule is still unenforced; women hold 24% of parliamentary seats and 30.8% of Cabinet posts.
Source: usikimye.org
Labour and maternity
Employment Act, 2007, sections 29 and 29A
Provides three months (90 days) of fully paid maternity leave and two weeks of paid paternity leave. It also grants one month of pre-adoptive leave and protects workers from dismissal for taking leave.
Gaps: Maternity leave is shorter than 14 weeks and is paid by the employer, so Kenya scores 40 out of 100 on WBL parenthood.
Source: njagaadvocates.com, wbl.worldbank.org
Online violence and cybercrime
Computer Misuse and Cybercrimes Act, 2018 and Computer Misuse and Cybercrimes (Amendment) Act, 2024 (assented 15 October 2025)
Criminalises cyber harassment, with the amendment raising penalties to KES 20 million or 10 years and giving a coordination committee power to order removal of some content.
Source: cmadvocates.com, icnl.org
Data protection
Data Protection Act, 2019
Regulates the processing of personal data and protects privacy.
Source: icnl.org
Women and girls with disabilities
Persons with Disabilities Act, 2025 (Act No. 4 of 2025)
In force since 27 May 2025, it guarantees women with disabilities participation in decision-making, protection from sexual and gender-based violence, access to reproductive health services and the right to keep custody of their children.
Source: new.kenyalaw.org
Human rights defenders
Public Benefit Organisations Act, 2013 (operational since 14 May 2024)
Replaced the NGO Coordination Act of 1990 as the framework for registering and regulating non-profit organisations; PBO Regulations were approved in April 2026.
Gaps: Existing NGOs had one year to re-register as PBOs or lose that status.
Source: bowmanslaw.com, icnl.org
Human rights defenders
Public Order Act, 1950
Requires advance notification of 3 to 14 days for assemblies and restricts them to daytime hours.
Source: icnl.org
Civic space
| CIVICUS Monitor rating | Repressed (score 37), downgraded from obstructed in December 2024 |
|---|---|
| NGO and association law | Public Benefit Organisations Act, 2013, operational since 14 May 2024. The Societies Act (Cap. 108) and Community Groups Registration Act, 2022 also apply |
| Cybercrime law | Computer Misuse and Cybercrimes Act, 2018, amended in 2025; sections 22 and 23 struck down in March 2026 |
| Public order and counter-terrorism | Public Order Act, 1950; Prevention of Terrorism Act, 2012 |
| Notes | Police used lethal force against the 2024 Finance Bill protests, with at least 60 people killed and 82 enforced disappearances documented by October 2024. Demonstrations against femicide on 10 December 2024 were dispersed with tear gas and some participants were charged with unlawful assembly. In 2024 the government accused 16 civil society organisations of misusing foreign funding. |
Recent developments
- May 2024. The Public Benefit Organisations Act, 2013 came into operation, repealing the NGO Coordination Act.
- December 2024. CIVICUS downgraded Kenya to ‘repressed’ after the crackdown on Finance Bill protests.
- January 2025. A 42-member government taskforce was appointed to recommend solutions to femicide and gender-based violence.
- May 2025. The Persons with Disabilities Act, 2025 entered into force with specific protections for women with disabilities.
- October 2025. The Computer Misuse and Cybercrimes (Amendment) Act, 2024 received assent; a constitutional petition was filed a week later.
- March 2026. Courts declared sections 22 and 23 of the Computer Misuse and Cybercrimes Act unconstitutional for vagueness.
- October 2026. The CEDAW Committee reviews Kenya’s ninth periodic report.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Repeal the marital rape exemption in section 43(5) of the Sexual Offences Act.
- Adopt a legal definition of femicide and a single official data system on femicide.
- Enact enforcement legislation for the constitutional two-thirds gender rule.
- Implement the 2022 High Court ruling on abortion law reform and withdraw the appeal against it.
- Amend the Law of Succession Act so that surviving spouses inherit equally, and extend paid maternity leave to at least 14 weeks.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: social protection, nationality, trafficking, access to justice and legal aid, older persons, same-sex relations. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 10 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Ratified 06/10/2010 | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 23/01/1992 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 25/07/2000 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Ratified 04/02/2004 | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Ratified 07/01/2021 | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Ratified 15/11/2021 | 22/05/2026 |
| Protocol on the Rights of Older Persons | Ratified 15/11/2021 | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Ratified 23/01/2014 | 19/09/2023 |
| OAU Refugee Convention | Ratified 23/06/1992 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 03/02/2007 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed | 02/02/2026 |
Other AU treaties (16)
Sources (14)
- usikimye.org · cedaw accountability audit
- bettercarenetwork.org · kenya the children act 2022
- monitor.civicus.org · deadly crackdown follows 2024 mass protests surge in femi…
- wbl.worldbank.org · WBL2024 Economy Scores
- blogs.worldbank.org · key ingredients womens legal rights kenya
- icnl.org · kenya
- toolkit-whrd-kenya.org · domestic laws republic of kenya
- wbl.worldbank.org · Kenya
- njagaadvocates.com · maternity and paternity leaves in kenya under the employm…
- cmadvocates.com · kenyas new cybercrimes law progress or overreach a deep d…
- new.kenyalaw.org · eng@2025 05 27
- bowmanslaw.com · kenya the public benefits organisations act now operational
- monitor.civicus.org · africa
- ecoi.net · 2119260
Other countries in East Africa
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.