The most comprehensive compilation of information on the status of
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Latest items for Kenya

Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: PW-PRACTICE-1

“(ii) Polygamy: In recognition of custom and belief, Kenya recognises polygamy. The Marriage Act defines marriage as the voluntary union of a man and a woman, whether monogamous or polygamous. The Act also provides that customary and Muslim marriages are presumed to be polygamous or potentially polygamous. Polygamy is widespread in Kenya, since a majority of Kenyans live under customary law, especially in matters relating to personal law, and a significant number live under Islamic law. It is thus crucial that the State recognises and regulates these marriages. Polygamy violates women’s rights, and is one of the leading causes of women being deprived of their inheritance Steps must be taken...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: PW-LAW-1

“In countries such as Cameroon, Egypt, Kenya, Senegal, South Sudan and Sudan, the laws allow for more than one marriage. Kenya’s laws emphasise that customary and Muslim marriages are presumed to be polygamous or potentially polygamous. In Sudan and Senegal, a man can have up to four wives” (12). “(ii) Polygamy: In recognition of custom and belief, Kenya recognises polygamy. The Marriage Act defines marriage as the voluntary union of a man and a woman, whether monogamous or polygamous. The Act also provides that customary and Muslim marriages are presumed to be polygamous or potentially polygamous. Polygamy is widespread in Kenya, since a majority of Kenyans live under customary law,...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: MARR-PRACTICE-4

“(iii) Same-sex marriages: Another aspect to note about the Marriage Act’s definition of marriage is that it limits marriage to a “union of a man and a woman”, thus excluding same-sex marriage. The Constitution also provides that “every adult has the right to marry a person of the opposite sex”. This position was affirmed in the Marriage Act and is inconsistent with broad, progressive and equitable understandings of family” (57-58).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: MARR-LAW-5

"In most countries studied for this Report, there are pluralistic legal systems where statutory laws live side by side with customary and religious laws. Some of them, such as the Democratic Republic of Congo, Ethiopia, Kenya, Mozambique, South Sudan, and The Gambia, protect this legal pluralism through their constitutions. However, countries such as Kenya issue the caveat that these other systems are recognised as long as they are consistent with the Constitution. Countries such as Ethiopia have a plural legal system, religious and customary law is significantly constrained by legislative and constitutional provisions" (8). “Customary marriages are recognised in many countries such as Nigeria and South Sudan, and the registration...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: MARR-PRACTICE-1, MARR-LAW-1

“Since the Maputo Protocol, that clearly prohibits marriage under the age of 18, was adopted, many of the countries studied have engaged in law reforms. Some of them, such as Côte d’Ivoire, Democratic Republic of Congo, Egypt, Kenya, Malawi, Mozambique and The Gambia have an absolute ban on marriage under the age of 18. Despite the legal ban, child marriage is still prevalent in some of these countries and more needs to be done to sensitise communities on the law and the dangers of child marriage; and to address the root causes of child marriage” (9).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: LRCM-LAW-2

“(v) Marital rape: While the Sexual Offenses Act expands the definition of sexual offenses, it does not protect women from marital rape” (58).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: LO-PRACTICE-1

“However, legal reforms have sought to address these disparities by recognising and protecting women’s rights to matrimonial property. Matrimonial property laws in Africa have undergone significant developments in recent years, aiming to promote gender equality and protect women's rights within marital relationships. These laws address the distribution of property and assets acquired during marriage, acknowledging women’s contributions to the family and economic well-being. Many countries now have legal provisions calling for equitable distribution of matrimonial property that take into account direct and indirect contributions such as in Côte d’Ivoire, Kenya, Malawi and South Africa. In Cameroon, case law has established that both spouses have equal matrimonial property ownership rights. Such...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: LO-LAW-1

“However, legal reforms have sought to address these disparities by recognising and protecting women’s rights to matrimonial property. Matrimonial property laws in Africa have undergone significant developments in recent years, aiming to promote gender equality and protect women's rights within marital relationships. These laws address the distribution of property and assets acquired during marriage, acknowledging women’s contributions to the family and economic well-being. Many countries now have legal provisions calling for equitable distribution of matrimonial property that take into account direct and indirect contributions such as in Côte d’Ivoire, Kenya, Malawi and South Africa. In Cameroon, case law has established that both spouses have equal matrimonial property ownership rights. Such...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: INFIB-LAW-1

“Countries such as Côte d’Ivoire, Ethiopia, Kenya, Nigeria, South Africa, South Sudan, and The Gambia have prohibited female genital mutilation through their constitutions, penal codes, and statutory laws” (13). ”Kenya has also adopted several pieces of legislation to combat child marriage, female genital mutilation, and violence against women, including domestic violence. This legislation accords with Kenya’s international obligations and is commendable, however, due to low levels of enforcement, child marriage, and female genital mutilation in particular remain relatively common in Kenya” (57).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: IAW-PRACTICE-1, IAW-LAW-1

“A peculiar case, in Kenya, the Marriage Act provides that a party to a civil marriage may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the celebration of the marriage. However, in 2022, the Kenyan Court of Appeal found that this provision was unconstitutional because of the ‘disproportionate effect’ it would have where a divorce in a civil law marriage may be necessary and justified before the three-year limitation. Despite this finding, the Court decided to suspend the effect of its declaration for three years so that Parliament could make the necessary amendments to the...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: DTCP-LAW-1

"In most countries studied for this Report, there are pluralistic legal systems where statutory laws live side by side with customary and religious laws. Some of them, such as the Democratic Republic of Congo, Ethiopia, Kenya, Mozambique, South Sudan, and The Gambia, protect this legal pluralism through their constitutions. However, countries such as Kenya issue the caveat that these other systems are recognised as long as they are consistent with the Constitution. Countries such as Ethiopia have a plural legal system, religious and customary law is significantly constrained by legislative and constitutional provisions" (8). “Customary marriages are recognised in many countries such as Nigeria and South Sudan, and the registration...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: CONST-LAW-1

“The Republic of Kenya’s Constitution recognises the family as the natural and fundamental unit of society, entitled to recognition and protection from the State. The same provision mandates the equality of spouses within and after a marriage” (56). “In 2010, Kenya adopted a new Constitution with a progressive bill of rights, triggering an extensive review of existing law and reform process in a number of areas, including family law. Parliament enacted a new Matrimonial Property Act and new Marriage Act to consolidate a number of laws previously contained in a number of statutes, the common law and customary law” (56).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: ATDW-PRACTICE-1

“A peculiar case, in Kenya, the Marriage Act provides that a party to a civil marriage may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the celebration of the marriage. However, in 2022, the Kenyan Court of Appeal found that this provision was unconstitutional because of the ‘disproportionate effect’ it would have where a divorce in a civil law marriage may be necessary and justified before the three-year limitation. Despite this finding, the Court decided to suspend the effect of its declaration for three years so that Parliament could make the necessary amendments to the...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: ATDW-LAW-5

“(iv) Time limit before divorce petition: It is of concern that the Marriage Act provides that a party to a civil marriage may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the celebration of the marriage. There are however ongoing reform discussions based on the Court of Appeal’s decision in the case of National Assembly of Kenya vs Kina & another (Civil Appeal 166 of 2019) [2022] KECA 548 (KLR) (10 June 2022) (Judgment) where the Court held that the three year wait provided in the Marriage Act was unconstitutional and directed that Parliament amend...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: ATDW-LAW-1

“A peculiar case, in Kenya, the Marriage Act provides that a party to a civil marriage may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the celebration of the marriage. However, in 2022, the Kenyan Court of Appeal found that this provision was unconstitutional because of the ‘disproportionate effect’ it would have where a divorce in a civil law marriage may be necessary and justified before the three-year limitation. Despite this finding, the Court decided to suspend the effect of its declaration for three years so that Parliament could make the necessary amendments to the...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: ATC-DATA-5

“The Republic of Kenya’s Constitution recognises the family as the natural and fundamental unit of society, entitled to recognition and protection from the State. The same provision mandates the equality of spouses within and after a marriage” (56).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: ATC-DATA-2

"None" (56).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: ATC-DATA-1

"9 March 1984" (56).
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: AOM-PRACTICE-1

”Kenya has also adopted several pieces of legislation to combat child marriage, female genital mutilation, and violence against women, including domestic violence. This legislation accords with Kenya’s international obligations and is commendable, however, due to low levels of enforcement, child marriage, and female genital mutilation in particular remain relatively common in Kenya” (57).
June 10, 2026, 11:04 p.m.
Countries: Afghanistan, Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bosnia-Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burma/Myanmar, Burundi, Cambodia, Canada, Cape Verde, Central African Rep, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote D'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, D R Congo, Denmark, Djibouti, East Timor, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kosovo, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Korea, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Qatar, Romania, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Korea, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Tanzania, Togo, Trinidad/Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Vietnam, Yemen, Zambia, Zimbabwe
Variables: LRW-LAW-4

Given the following documentation, there is no exoneration in the law allowing an individual accused of rape to have their criminal charges dismissed or overturned by subsequently marrying the victim. However, it should be noted that this only accounts for the legal framework and now what societal pressures may be in practice (ERD - CODER COMMENT).more
Feb. 12, 2026, 3:52 a.m.
Countries: Bahamas, Central African Rep, Chad, Colombia, Cyprus, Denmark, Dominican Republic, Ethiopia, Haiti, India, Iran, Kenya, Lesotho, Luxembourg, Madagascar, Moldova, Mongolia, Namibia, New Zealand, Nigeria, Oman, Slovakia, Suriname, Swaziland, Tajikistan, Thailand, Trinidad/Tobago, United Arab Emirates, United Kingdom, United States
Variables: DV-SCALE-1

3
Jan. 29, 2026, 9:44 p.m.
Countries: Afghanistan, Angola, Botswana, Burundi, Cote D'Ivoire, Jordan, Kenya, Lebanon, Lesotho, Mali, Senegal, Solomon Islands, Sudan, Swaziland, Zambia
Variables: LO-SCALE-3

4
Jan. 29, 2026, 9:43 p.m.
Countries: Afghanistan, Angola, Bahrain, Bangladesh, Botswana, Brunei, Burundi, Comoros, Cote D'Ivoire, Indonesia, Iraq, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Libya, Malaysia, Maldives, Mali, Oman, Senegal, Solomon Islands, Sudan, Swaziland, Tanzania, Togo, Zambia
Variables: LO-SCALE-2

2
Jan. 29, 2026, 9:38 p.m.
Countries: Afghanistan, Angola, Azerbaijan, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Rep, Chad, Chile, Cote D'Ivoire, D R Congo, Egypt, Gabon, Gambia, Georgia, Ghana, Guatemala, Guinea, Guinea-Bissau, India, Jordan, Kenya, Kosovo, Kyrgyzstan, Lebanon, Lesotho, Liberia, Madagascar, Malawi, Mali, Mexico, Mozambique, Namibia, Nepal, Niger, Nigeria, Palestine, Saudi Arabia, Senegal, Serbia, Sierra Leone, Solomon Islands, South Africa, South Sudan, Sri Lanka, Sudan, Swaziland, Syria, Tajikistan, Tunisia, Uganda, Uzbekistan, Vanuatu, Zambia, Zimbabwe
Variables: LO-SCALE-1

2
Jan. 20, 2026, 1:13 a.m.
Countries: Algeria, Angola, Bahamas, Bahrain, Bangladesh, Bhutan, Bolivia, Botswana, Brazil, Brunei, Burkina Faso, Burma/Myanmar, Burundi, Cameroon, Central African Rep, Chad, Chile, Comoros, Costa Rica, Cote D'Ivoire, D R Congo, Djibouti, East Timor, Ecuador, Egypt, Equatorial Guinea, Eritrea, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Liberia, Libya, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Morocco, Namibia, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Poland, Qatar, Saudi Arabia, Solomon Islands, Somalia, South Sudan, Sri Lanka, Sudan, Swaziland, Syria, Tanzania, Togo, Trinidad/Tobago, Uganda, United Arab Emirates, United States, Vanuatu, Venezuela, Yemen, Zimbabwe
Variables: ABO-SCALE-1

3
Dec. 28, 2025, 9:06 a.m.
Countries: Kenya
Variables: LRW-DATA-1

The chart in the UNODC Data Portal titled, "Violent Crime & Sexual Violence," shows that the rate of reported rapes in Kenya in 2022 was 1.52 per 100,000 population, and the rate of reported sexual assaults was 0.69 per 100,000.
Dec. 10, 2025, 12:51 p.m.
Countries: Kenya
Variables: DV-DATA-1

According to Annex 10, "National prevalence estimates of lifetime and past-12-months physical and/or sexual intimate partner violence against women aged 15-49 years, 2023" the average lifetime point estimate % for Kenya in 2023 was 30.7%.
Nov. 13, 2025, 9 p.m.
Countries: Kenya
Variables: ABO-LAW-1

"In Kenya, for example, the constitution says "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" (para 18).
Nov. 3, 2025, 1:49 p.m.
Countries: Kenya
Variables: ABO-LAW-1

The Center for Reproductive Rights states that Kenya's laws permit abortion to preserve the health of the mother.
Oct. 29, 2025, 10:12 a.m.
Countries: Burkina Faso, Equatorial Guinea, Ghana, Guinea-Bissau, Kenya, Mauritius, Namibia, Zimbabwe
Variables: ABO-LAW-1

"[P]ermits access to abortion in additional circumstances such as for mental and physical health reasons" (Para 23).