Kenya
87. The Committee considered the combined
initial and second periodic reports
of Kenya (CEDAW/C/KEN/1-2) at its 217th,
218th and 221st meetings, on 25 and
27 January (see CEDAW/C/SR.217, 218
and 221).
88. In introducing the report, the representative
of Kenya emphasized that societal and
cultural attitudes remained major obstacles
to the achievement of full de facto
equality between men and women. She
outlined the measures that had been
taken by the Government to implement
the Convention in the light of the situation
of women in the country and the country's
culture and values.
89. She indicated that, despite the
progress made in achieving de jure
equality, women continued to be discriminated
against because of their economic situation
and lower standard of education, the
various laws governing marriage and
divorce, and the fact that women workers
were concentrated in the private sector.
She stated that the traditional inferior
status of women was reinforced by the
predominance of marriages under some
form of customary law that limited women's
rights. Discrimination manifested itself
also at the level of decision-making,
where women were few.
90. There had been encouraging achievements,
however, through policies, programmes
and projects. She stated that the Women's
Bureau, which the Government had set
up as a division within the Ministry
of Culture and Social Services, recognized
the need for a gender and development
policy and, in 1988, it had started
to develop a national policy providing
guiding principles that would influence
the national and sectoral planning process
and lead to the overall goal of putting
gender concerns in the mainstream of
the development process. The task of
the Bureau was to ensure that the Government's
policies diminished gender disparities.
91. The report gave a detailed account
of the measures adopted by the Government
in its implementation of the articles
of the Convention, particularly its
efforts to ensure equal access to public
services, such as health care and education,
and to allow the full participation
of women in public and political life.
The representative described the measures
taken by the Government aimed at improving
the economic situation of women, particularly
in the framework of agricultural policies.
92. She also stressed the important
role of women in national development,
particularly after independence in 1963.
The Government had shown its sincere
commitment to, and acceptance of, its
obligations under the Convention, but
the few areas that might need some change
were those affected by customary laws
and cultures.
93. In commenting on the various articles
of the Convention, the representative
drew the attention of the members to
the areas that might need changes or
amendments, and which were affected
by customary law and culture. She also
described the Law Reform, the 8-4-4
system of education that did away with
the stereotyped roles of men and women
and the registration of various laws
on marriage and divorce.
General observations
94. In its general comments, the Committee
expressed its appreciation of the fact
that Kenya had ratified the Convention
without reservations, and for its frank
and comprehensive report giving a clear
picture of the real situation of women
in Kenya, as well as the obstacles encountered.
The efforts to overcome discrimination
made by Kenya since the World Conference
to Review and Appraise the Achievements
of the United Nations Decade for Women:
Equality, Development and Peace, held
at Nairobi in 1985, and the priority
given to implementing the Convention,
were noted, especially in the light
of the difficult economic conditions
that the country was facing. One of
the members expressed her concern that
the report had not complied with the
general guidelines regarding the form
and content of reports and she suggested
that, in future, Kenya should seek assistance
from the Secretariat. The members also
expressed their concern that the report
did not contain sufficient statistical
information.
95. More information was requested on
de jure and de facto discrimination
and how the Convention was applied in
Kenya. The Committee suggested that
the Government needed to take action
to eliminate conflicts between laws,
customary practices and the economic
situation.
96. Members acknowledged that the report
had to be viewed against a background
of specific cultural attitudes, which
had a bearing on the situation of women
in Kenya, and the coexistence of a different
system of law. Some members observed
that, despite the high percentage of
women voters, women were hardly represented
in higher political office. It would
be difficult for women to promote themselves
if they could not participate in the
planning and development of the country.
97. It was also noted by the Committee
that, although women had been promoted
to senior posts and high diplomatic
posts, their numbers were still few.
There were programmes and projects relating
to different groups of women. It was
noted that in the area of finance, the
Government was taking action. Basic
education for children and vocational
training were offered, as well as scholarships.
There were health programmes for both
urban and rural areas. The Committee
also noted that socio-cultural prejudices
still prevailed and considered that
there was a need for a continuous effort
to overcome them. Literacy was considered
a keystone to the solution of problems
and, since half of the female population
was illiterate, the Government and the
women's organizations faced an urgent
task. If illiterate women could not
understand the information distributed,
they could not take part in the decision-making
process. With regard to illiteracy programmes,
members asked whether women were restrained
from going to classes, whether family
obligations were an obstacle to senior
training positions, and whether measures
were being taken to address the situation
and, if so, what those measures were.
98. In regard to the Convention and
internal legislation, the Committee
wanted to know what proposals had been
made to ensure the development of domestic
legislation and which areas were being
looked into.
99. A member wanted more information
on the decentralization of women's programmes
in rural areas and the objectives, and
on what was being done in order to establish
the legal principle of cultural criteria
in respect of articles 15 and 16 of
the Convention. Other members considered
that the Government was aware of the
discriminatory provisions in the legislation
that were still directed to women. The
Committee emphasized that awareness
was the first critical step. In that
case, the Committee stressed that the
Government should move ahead and correct
those laws that were discriminatory
and that it should preserve the cultural
integrity of its peoples, most importantly
the integrity of women.
Questions related to specific articles
Article 2
100. With regard to article 2, the Committee
noted that the Law of Succession Act
of 1981 was mentioned in the report,
and wished to have more detailed information
on that Law in relation to women and
how effective it was in the context
of ethnic diversity. The Committee noted
that the Constitution of Kenya defined
discrimination in a manner that could
allow discrimination against women,
in that the word "sex" was
not included in the article defining
discrimination. The Committee asked
about the process of reform, as well
as the customs and practices that discriminated
against women, and asked whether the
concept of discrimination based on the
grounds of gender would be added to
the Constitution. In replying to the
question of amending the definition
of discriminatory treatment, the representative
pointed out that the word "discriminatory"
under the Constitution reflected the
reality under the Kenyan Law and thus
once other areas of personal law had
been tackled, then a proper definition
would fall into place. It was in that
context that the question of harmonizing
the different marriage laws had been
studied.
101. In noting the tremendous workload
of the Law Reform Commission, the Committee
wanted to know what its programme was,
the kinds of law and subjects with which
it dealt, its timetable, and the means
it had at its disposal. In response,
the representative said that the major
function of the Commission was to ensure
the systematic development and reform
of legislation, including in particular
the integration, unification and codification
of laws, the elimination of anomalies,
the repeal of obsolete and unnecessary
enactments and the simplification and
modernization of laws. There were two
women members on the Commission; one
was a judge and the other was the first
woman town clerk.
Article 3
102. In regard to the Women's Bureau,
members sought more information on the
number of its staff members, how it
was organized, whether the Director-General
was a woman and whether it worked well
with the staff and budget assigned to
it. In reply, the representative said
that the Bureau's aim was to improve
the quality of women's lives by facilitating
a wide range of activities in economic
development, education, training and
research. Its functions were concerned
with the identification of areas, projects
and institutions of special importance
for achieving equality in women's lives;
the promotion of education and training
for women; the conduct of research for
gathering and disseminating information
on women's activities; the provision
of advice to the Government on policy
projects; and serving as a channel through
which non-governmental organizations
could give assistance to women. She
added that the Bureau was composed of
eight units headed by a Director, it
was the body concerned with defining
policy on women's issues for the Government,
and its annual budget was 25 million
Kenya shillings. In answer to a question,
she said that the Maendeleo ya Wanamake
Organization was a non-governmental
organization that had previously been
affiliated to the ruling party, the
Kenyan African National Union (KANU).
Article 4
103. With regard to the District Women's
Development Committee, members inquired
about its role in Government policy-making,
whether it could propose special temporary
measures to improve the status of women,
how its members were elected or appointed,
how it was organized, whether it had
its own budget, whether there had been
a debate at government level concerning
affirmative action, and whether there
were any requests from women's groups
for positive measures.
104. With reference to circumcision,
the Committee asked whether it was appropriate
to consider addressing the problem of
female circumcision of girls in the
context of the temporary special measures
foreseen under article 4 of the Convention.
The representative replied that female
circumcision was disappearing rapidly
owing to the high level of female enrolment
in primary schools and as communities
became more enlightened.
105. The Committee noted with concern
that there was no information provided
in the report on the subject of specific
problems met by women. Questions were
raised as to what could be done, whether
there were obstacles to the provision
of measures and why the Government had
not undertaken special measures.
106. Regarding women's organizations,
the representative said that those organizations
were very active in the advancement
of women. Issues raised by such bodies
were often taken up by the Government
and given due consideration.
Article 5
107. Members took note of the new syllabus
of the 8-4-4 system of education and
expressed concern about women's inferiority
in Kenya. Other members noted that there
was a contradiction between what was
asserted in the report under article
5 regarding the overhaul of the education
system and what was said about the 8-4-4
system of education having done away
with sex stereotyping. They requested
further elaboration and details of the
curriculum of the 8-4-4 system. The
representative explained that the system
had been introduced seven years previously.
It had helped young people to change
their attitudes in regard to the roles
of men and women. She added that there
was no contradiction as the aim of the
system was to eliminate the stereotyped
roles of men and women. For example,
under the system's syllabus, both girls
and boys were taught cooking, sewing,
construction and agriculture, as well
as traditional arts and science subjects.
108. With regard to an additional question
regarding the St. Kizito incident in
which 19 girls had died from abuse by
young men in 1991, and the types of
discussion that had taken place, the
representative explained that it had
been a painful experience for the country.
The saddest aspect was that it had been
a crime committed by children on children.
She informed the Committee that the
Government had taken prompt action to
punish the offenders.
109. In regard to violence, more information
was requested on the legislation on
rape, domestic violence and sexual roles
in the workplace, as well as legislation
on the trafficking of women and voluntary
prostitution. Members asked whether
the legislation was being effectively
enforced. The representative explained
that violence against women came in
different forms; for instance, prostitution
was treated as violence against women,
which was a crime under the Penal Code.
Rape was a crime punishable by life
imprisonment. Cruelty was a ground for
divorce. In addition, assault and sexual
harassment were penal offences, whether
at home or at the workplace. She also
informed the Committee that, in collaboration
with the Public Law Institute, the Women's
Bureau had initiated a legal education
programme, which was aimed at creating
awareness of the legal rights and obligations
of women. A major campaign had been
launched entitled "Violence against
women" and governmental and non-governmental
bodies were being sensitized to play
a role in implementing the Convention.
More statistical data were needed on
the results and obstacles that the legislation
was encountering, and the other measures
that had been taken to change stereotyped
images of women.
Article 6
110. As the report had indicated that
prostitution was illegal in Kenya, the
Committee wanted to know about measures
taken to rehabilitate prostitutes; the
average age of females who practised
prostitution; the sanctions imposed
for offences of prostitution and whether
they were also imposed for both men
and women; whether prostitutes had access
to contraceptives to protect them from
the human immunodeficiency virus (HIV);
and whether prostitutes were exposed
to violence in Kenya. Some members expressed
concern that there was no judicial information
concerning the question of prostitution.
Questions were asked on the milieu of
the girls, the type of girls and the
principal measures being taken to combat
prostitution. In reply, the representative
said that it was an offence under the
Kenyan Penal Code for anyone to procure
or attempt to procure any girl or woman
for sexual purposes. She explained also
that the Immigration Act further prohibited
a prostitute or a person living on the
earnings of a prostitute from entering
the country, which also prevented women
or others from trafficking in women
for immoral purposes. There were no
specific measures to protect those women
against the acquired immunodeficiency
syndrome (AIDS), as the Government sought
to eliminate prostitution, and the programme
against AIDS was directed to the entire
population. Many non-governmental organizations
and church groups, however, worked on
rehabilitation programmes for prostitutes,
especially the young ones.
111. Members requested more detailed
information on the Penal Code.
Article 7
112. Members asked what was meant in
the report by "hiring women".
With regard to a question about women
in higher levels of government decision-making,
the representative informed the Committee
that, currently, there were two women
permanent secretaries. One was in charge
of the Ministry of Commerce and Industry,
and the other was in charge of the Ministry
of Foreign Affairs and International
Cooperation.
113. The Committee wished to know what
the Women's Bureau was doing to increase
awareness of the need to place women
in higher positions, whether KANU had
a special programme to encourage women
to participate in politics at the local
and national levels, and whether women
had the same financial support as men
for their electoral campaigns. With
regard to women in politics, the representative
explained that the awareness-creation
of the democratization process among
women had produced encouraging results
during the elections on 29 December
1992. Initially, 80 women had shown
interest in representative leadership.
Eliminations at the party preliminaries
had left 20 women to compete for leadership
against their male counterparts for
188 parliamentary seats. Six of them
had been elected to the Seventh Parliament,
the highest number of women since independence.
The only woman elected within KANU had
been appointed as Assistant Minister
in the Ministry of Culture and Social
Services.
114. The Committee noted that half the
members of KANU were women yet there
seemed to be a general decrease in the
number of women in politics. The Committee
wished to know whether that was a real
indication of women's interest in politics
or whether it was party propaganda.
Furthermore, the Committee inquired
whether women were being nominated in
risky seats, which discouraged them
from seeking election, or whether there
had been negative reporting that hindered
women. More details were requested on
the distribution of women who took an
active part in politics.
Article 8
115. The Committee wished to know the
percentage of women in the diplomatic
service. The representative indicated
that over 40 per cent of the officers
in the Ministry of Foreign Affairs were
women. She added that, in 1992, 27 per
cent of the officers posted outside
the country had been women.
Article 9
116. The Committee noted that the nationality
law was not in conformity with the Convention,
and inquired about the Government's
schedule to change the situation. A
further question was asked regarding
the nationality of a Kenyan woman who
married a foreigner. The representative
noted that any Kenyan woman who married
a foreigner remained a Kenyan citizen
until such time as she renounced her
nationality.
Article 10
117. The Committee noted with concern
a contradiction in the report (paras.
33 and 34) and wanted to know what the
Government was doing to correct that
contradiction in the education of boys
and girls. Questions were raised about
the literacy rates of both men and women.
The Committee also expressed its concern
over women drop-outs and suggested that,
in the next report, consideration should
be given to the need for specific programmes
for them. The Committee also noted that
there were persistent discriminatory
regulations in the report.
118. The Committee asked whether basic
primary-school education was compulsory;
why there had been a decrease in the
numbers of pupils enrolled in 1985/86;
whether there was segregation in high
schools; and whether coeducation was
part of the formal education in Kenya.
119. Questions were raised about whether
the diplomas given by other institutions
had the same value as diplomas from
State schools, and what percentage of
the students in elementary and secondary
schools were boys and what percentage
were girls. The representative confirmed
that coeducation was prevalent at all
levels and that basic education was
compulsory.
120. There was a higher representation
of girls than of boys in art subjects,
and the Committee asked about the reasons
for that. The representative said that
the syllabus for all schools was the
same for both girls and boys; however,
there were some schools that were insufficiently
equipped for science subjects and therefore
a larger number of students took art
subjects. She explained further that
that was not a deliberate discriminatory
move against girl students, but was
a part of the problem of a developing
country. In answer to a question about
the content of family-life education,
she said that such education was included
in the curricula of primary, as well
as secondary schools. Churches and other
non-governmental organizations had also
taken an interest in family-life education
in schools.
121. The Committee requested more gender-disaggregated
information on school leavers in the
third periodic report. Members asked
why there were more girls among the
school leavers, why there were separate
and fewer centres for girls, and why
there was a difference in the instruction
received by girls and by boys at schools.
Members emphasized that that situation
would have an effect on employment opportunities.
They also asked why there were so many
drop-outs among girls and whether reasons
were financial.
Article 11
122. Members observed that the National
Hospital Insurance Fund discriminated
against married women except when they
were the principal income-earners. They
also observed that social and cultural
prejudices still existed in Kenya. Questions
were raised about the kind of training
courses from which women were barred
by their family obligations. With reference
to the housing allowance, the Committee
noted that the civil service code of
regulations denied married women such
an allowance, except in a few specific
instances, and wanted to know what those
specific instances were.
123. In reply, the representative said
that with the advent of the multi-party
era, the Government had granted married
women a housing allowance with effect
from 1 December 1992.
124. Members noted that most women in
the civil service were being encouraged
to work on contractual terms, which
had the effect of hampering their rise
to senior positions. The Committee wanted
to know whether the Government Circular
of May 1989 was benefiting women.
125. Information was sought on whether
women were entitled to maternity leave
and whether they had the security of
keeping their job after maternity leave.
The representative explained that women
were paid while on maternity leave,
they did return to the same job after
such leave, and they had job security.
126. Responding to a question about
the existence of child-care facilities
for working women, the representative
said that there were kindergartens and
nursery schools; however, most working
women had a household help to whom they
entrusted the care of their children.
Article 12
127. Members asked whether training
was provided to traditional birth attendants
to enable them to upgrade their practices
and make them safer. The representative
confirmed that traditional birth attendants
were trained by the Ministry of Health
and provided with the necessary surgical
equipment. In noting that the average
life expectancy of women had increased
from 46 years in 1965 to 56 years in
1984, the Committee asked whether the
life expectancy of men had increased,
and whether there were any statistics.
The representative reported that life
expectancy at birth in 1965 had been
50 years for females and 46 years for
males, while in 1989 it was 61 years
for females and 57 years for males,
an increase of more than 10 years for
both sexes.
128. Members requested information about
campaigns to combat the spread of HIV/AIDS;
sexual education; and the promotion
of contraceptive measures. It was suggested
that particular attention should be
given to the health of women. The need
for AIDS education programmes, for both
women and men, was stressed to facilitate
the prevention of its possible spread.
More information was requested about
the Presidential Decree Banning Circumcision,
its effects and implementation. In addition,
members asked whether there was any
information on programmes reducing female
circumcision. They also requested more
information on legislation and statistics
on abortion.
129. In reply to the question whether
pregnant teenagers had difficulties
in being accepted by their families
or society, the representative pointed
out that, although teenage pregnancy
was not acceptable, families did not
reject girls who had become pregnant.
Often the grandparents took care of
the infant and the young mother went
back to a new school. In addition, counselling
and guidance on sex prevention was provided
in schools by non-governmental organizations.
Since abortion was illegal in Kenya
and carried penal sanctions, it was
difficult to provide statistics on clandestine
abortions.
130. She said that the Family Planning
Association of Kenya offered information
and created awareness about family planning.
For example, in Nairobi, there were
more than 14 clinics offering family-planning
methods, which served both men and women.
The use of contraceptives was increasing.
In 1989, the Kenya Demograph Health
Survey had recorded a 27 per cent level
of contraceptive use compared with 17
per cent in 1984 and 7 per cent in 1977/78.
131. Regarding the use of contraceptives
and the decline in fertility in one
area in Kenya, the representative reported
that the prevalence of contraceptives
had risen to a level rare in rural Africa,
and that fertility rates had declined.
In addition, the contraceptive methods
used were predominantly highly effective
ones. Child-bearing had come to be seen
as an aspect of life over which control
could and should be exercised.
132. Concerning the availability of
prenatal clinics, the representative
stated that Kenya had witnessed a great
improvement in health and nutrition,
as well as greater access to services
and amenities through the initiatives
of the Government and non-governmental
organizations. The maternal, child-health
and family-planning activities were
aimed at reducing both maternal mortality,
by increasing women's access to high-quality
health services, and total fertility
rates, by promoting the use of contraceptives.
133. As a result, traditional practices,
such as nutrition taboos, female circumcision
and child marriage were on the decrease.
Sex education was provided through counselling
and guidance in schools, but had not
yet been widely accepted as part of
the school syllabus.
Article 13
134. The Committee asked about the kinds
of plan the Government had to deal with
the system of family benefits. The representative
stated that, with effect from December
1992, married women were entitled to
obtain a housing allowance.
Article 14
135. Members asked about the measures
taken to improve farmers' accessibility
to agricultural credit and loans. In
regard to rural women, a member asked
whether women were aware of their rights.
Members expressed their desire to know
whether there was a contradiction in
the Law of Succession Act, and asked
for clarification. The representative
replied that the Law of Succession Act
provided a uniform code as far as devolution
of property on death was concerned,
and it gave both men and women the equal
right to inherit, own and dispose of
property. The interest of the widow
was paramount to any other interest
and the Law was only invoked to ensure
that the children were being adequately
taken care of.
136. Members were concerned that there
was scarce information on land ownership,
and asked whether there was any provision
that men should own land and, if so,
what the situation was and what was
being done to improve it. The representative
replied that land ownership was governed
by the Registration of Land Act. Most
of the land in rural areas was not registered.
Once the family decided to register
the land, such registration was usually
in the name of the husband alone; however,
as more women became aware of the benefits
of owning land, more of them were insisting
on the joint registration of family
property. In addition, the Ministry
of Lands and Housing was not concerned
about whether women owned land or not,
but the Land Control Board regulations
required that, in all transactions,
the consent of the wife or wives was
necessary beforehand.
Article 15
137. The members noted that the Law
of Domicile discriminated against women,
affecting also the status of other rights
within the family, and asked whether
there was any attempt to change that
law. Considering that some laws discriminated
against women in Kenya, members asked
whether women addressed themselves to
the courts and, if so, how successful
they were. The representative said that
a new policy was being developed by
the Women's Bureau on laws that appeared
to discriminate against women. She added
that women did have recourse to the
courts and that the courts decided according
to the merit of the case and the applicable
law.
138. As it was stated in the report
that various rights were governed by
the customary law governing men, a member
asked whether there was any kind of
information or advisory service to create
awareness on the part of women.
Article 16
139. Members asked for information on
measures contemplated by the Government
to unify marriage and divorce laws,
and asked whether women could be assured
that rapid changes would take place
in the family law system in Kenya. They
noted with concern that there were several
laws governing marriage and divorce,
based on the different major religions
recognized in the country, but in every
case women were still discriminated
against, and they therefore urged the
Government to take the necessary action.
The representative stated that the Marriage
Bill was an attempt at such unification;
however, a male-dominated Parliament
influenced the types of laws that were
enacted and had caused the Bill to be
shelved. With regard to appropriate
measures to eliminate the contradictions
between laws, customary practices and
the economic situation, the representative
said that customary and traditional
practices were dying out; thus, for
example, polygamy was being stamped
out slowly as first wives found the
practice unacceptable and it was not
economical for a man to have more than
one wife. Furthermore, there was a rise
in the number of single mothers and
female-headed households.
Concluding observations
140. Members of the Committee thanked
the representatives of Kenya for the
efforts made to provide such detailed
and frank explanations. Some of them
recognized that the implementation of
the articles of the Convention required
much further action by the Government
and that significant legal changes were
needed to bring legislation in Kenya
into line with the stipulations of the
Convention.
141. The Committee noted that some problems
faced by women in Kenya were related
to tradition and customary practices.
One member considered that the question
of prostitution required close monitoring.
142. The Chairperson expressed her appreciation
of the report. The discussion had taken
the form of a thorough dialogue that
had shown the Committee's interest in
the report. She stressed that the implementation
of the Convention would contribute to
all fields of development within Kenya
and expressed the wish that she would
see, in the future, the country's progress
and further implementation of the Convention.
She believed that, in the near future,
the Government would be able to achieve
much more.
143. She added that it was most important
for the Committee to identify the policy
and trends in regard to women's problems
and sufficient information had been
obtained to identify those problems.
Furthermore, positive trends were welcomed
and encouraged. She encouraged the Government
to show even greater progress in its
third periodic report and hoped that
it would take strong measures to eliminate
old stereotypes that were curtailing
the role of women and to address consciousness-raising
campaigns to both women and men to allow
women to be able to contribute effectively
to society.
