Over the last decade, Kenya has implemented new legislation to ensure legal equality between men and women in marriage. However, there is still a lack of equality between spouses, particularly in reference to matrimonial property and custody. This stands in conflict with Kenya’s obligations as a ratifying party to the 1981 Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which requires that member states ensure that men and women be treated equally during, after, and outside of marriage. In order to comply with the standards of international human rights law laid out in CEDAW, Kenya must revise its 2013 Matrimonial Act and the 2014 Marriage Act and amend the 2016 Legal Aid Act to guarantee women legal equality.

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