The New Kenyan Constitution provides that parties to a marriage between a woman and man will be entitled to equal rights at the time of marriage, during the marriage and at its dissolution. The 2008 Marriage Act provides a minimum age of marriage of 18 for women and men, and the Children’s Act of 2001 expressly forbids early or forced marriage.
 CIA (2014)  UNICEF. http://www.unicef.org/infobycountry/kenya_statistics.html (accessed 25/04/2014)  UNICEF. ttp://www.unicef.org/infobycountry/kenya_statistics.html (accessed 25/04/2014) World Bank Development Indicators Database ttp://databank.worldbank.org/data/views/reports/tableview.aspx (accessed 24/04/2014)
The Constitution guarantees equality of ownership rights for all Kenyan citizens. Women are free to buy, own and sell assets as they choose. However, in practice women’s access to land and access to property other than land are severely restricted by customary law, which prohibits women from owning or inheriting land and other forms of property. Women in Kenya are granted “life interest” in property rather than full ownership, which prevents them from using it as collateral for bank loans or from disposing of it as they see fit. In the event of her husband’s death, this “interest” disappears upon remarriage. In fact, according to the Food and Agriculture Organisation (FAO), women are only 5% of registered landholders.Even when women are able to acquire assets in their own name, their husbands often act as intermediaries in the transaction.
There do not appear to be any legal constraints on women’s freedom of movement and access to public space in Kenya. Previously existing requirements that women secure their husband’s or father’s consent before obtaining a passport have been removed. However, of the women interviewed for the 2008-2009 DHS, 26.3% reported that their husbands usually had the final say in deciding whether they were allowed to visit family and relatives.The freedom of movement is further contingent on class: according to Amnesty International’s 2011 shadow report to CEDAW, forced evictions in Kenya’s slums and informal settlements are common, and women are especially vulnerable to forced removals. Women have the same right as men to pass Kenyan citizenship onto their children.
Amnesty International (2011) Kenya: Briefing to the Committee on the Elimination of Discrimination Against Women. 48th Session, January 2011.