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 AFROL
Gender Profiles:
Kenya
Although experiencing relative political stability, poverty and
traditionalism remain two serious obstacles to women's equal rights
in Kenya. Government policy, legislation and the media favour
women's rights, but the traditional low status of women is hard to
overcome in Kenyan society. Kenya is however one of the African
countries that has gone farest in addressing women's rights.
Violence against women is a serious and widespread problem.
Traditional culture permits a man to discipline his wife by physical means and is ambivalent about the seriousness of spousal rape. There is no law specifically prohibiting spousal rape.
Continued incidents of rape of refugee women remain a problem.
The problem of child rape and molestation is growing. There are frequent press reports of rape of young girls by middle-aged or older rapists. There were repeated reports of molestation or rape of children by schoolteachers, mostly in rural areas.
70%
of illiterate persons in the country are female.
Most customary law disadvantages women, particularly in property rights and inheritance.
Under the customary law of most ethnic groups, a woman cannot inherit land, and must live on the land as a guest of male relatives by blood or marriage.
The practice of Female Genital Mutilation (FGM) is
widespread. About 50% of females nationwide have suffered FGM.
Women in Kenya averagely give birth to 3,66 children (2000 est.)
Social data
Life expectancy: Total population: 47,98 years
male: 46,95 years
female: 49,04 years (2000 est.)
Infant mortality: 68,74 deaths/1,000 live births (2000 est.)
Alphabetization rate: Total population: 78,1%
male: 86,3%
female: 70% (1995 est.)
Medical services: There are approximately
6.500 persons per doctor.
Sex ratio: at birth: 1,03 male(s)/female
under 15 years: 1,02 male(s)/female
15-64 years: 1,01 male(s)/female
65 years and over: 0,79 male(s)/female
total population: 1,01 male(s)/female (2000 est.)
Religious data: Traditional African religions 56,44%, Muslim
6,50%, Christians 37,06%.
Note: estimates for this country explicitly take into account the effects of excess mortality due to AIDS; this can result in lower life expectancy, higher infant mortality and death rates, lower population and growth rates, and changes in the distribution of population by age and sex than would otherwise be expected (July 2000 est.)
Family and tradition
Women continue to face both legal and actual discrimination in other areas. For example, a married woman legally is required to obtain the consent of her husband before obtaining a national identity card or a passport.
The Law of Succession, which governs inheritance rights, provides for equal consideration of male and female children; however, in practice most inheritance problems do not come before the courts. Women often are excluded from inheritance settlements, particularly if married, or given smaller shares than male claimants. Moreover, a widow cannot be the sole administrator of her husband's estate unless she has her children's consent.
Most customary law disadvantages women, particularly in property rights and inheritance. For example, under the customary law of most ethnic groups, a woman cannot inherit land, and must live on the land as a guest of male relatives by blood or marriage.
Societal discrimination is most apparent in rural areas. Rural families are more reluctant to invest in educating girls than in educating boys, especially at the higher levels.
The tradition of Female Genital Mutilation (FGM) is practiced by certain ethnic groups and remains widespread, particularly in rural areas.
About 50 percent of females nationwide have suffered FGM. The percentage is as high as 80 to 90 percent in some districts of Eastern, Nyanza, and Rift Valley provinces. FGM usually is performed at an early age.
Gender sensitivity in society
Women experience a wide range of discriminatory practices, limiting their political and economic rights and relegating them to second class citizenship. The Constitution extends equal protection of rights and freedoms to men and women, but only in 1997 was the Constitution amended to include a specific prohibition of discrimination on grounds of gender. However, constitutional provisions allow only males automatically to transmit citizenship to their children. The Government has not passed domestic enabling legislation to implement international conventions on women's rights. The Task Force on Laws Relating to Women, established by the Attorney General in 1993, has yet to make its report. Parliament passed in May a motion on gender equality, although the resolution has no power of law.
Levels of education and literacy for men and women differ widely. Although the number of boys and girls in school is roughly equal at the primary level, men substantially outnumber women in higher education. Seventy percent of illiterate persons in the country are female.
Women make up about 75 percent of the agricultural work force, and have become active in urban small businesses. Nonetheless, the average monthly income of women is about two-thirds that of men, and women hold only about 5 percent of land titles. Women have difficulty moving into nontraditional fields, are promoted more slowly than men, and bear the brunt of layoffs.
The nation's best known women's rights and welfare organization, Maendeleo Ya Wanawake ( " Development of Women " in Swahili) was established as a nonpolitical NGO during the colonial era, but now is aligned closely with the ruling party. A growing number of women's organizations are active in the field of women's rights, including
FIDA, the National Council of Women of Kenya, the National Commission on the Status of Women, the Education Center for Women in Democracy, and the League of Kenyan Women Voters.
Health data
Access to potable water: 47% of the population have no access to potable
water.
Medical services: There are approximately
6.500 persons per doctor.
Maternal mortality rate: 650/100.000.
Infant mortality: 68,74 deaths/1,000 live births (2000 est.)
Female Genital Mutilation (FGM): About 50% of females nationwide
suffers FGM. (The percentage is as high as 80-90% in some districts).
Female genital mutilation (FGM), which is widely condemned by international health experts as damaging to both physical and psychological health, is practiced by certain ethnic groups and remains widespread, particularly in rural areas. The press reported severe injuries to several girls from the practice of FGM. Health officials estimate that as many as 50 percent of females nationwide have suffered FGM. According to Maendeleo Ya Wanawake, the percentage is as high as 80 to 90 percent in some districts of Eastern, Nyanza, and Rift Valley provinces. FGM usually is performed at an early age. President Moi has issued two presidential decrees banning FGM, and the Government prohibits government-controlled hospitals and clinics from practicing it; however, no law bans FGM.
Violence against women
Violence against women is a serious and widespread problem. According to the Government, 1,329 cases of rape were reported to the police during the first 9 months of the year, compared to 903 in all of 1998. The available statistics probably underreport the number of incidents, as social mores deter women from going outside their families or ethnic groups to report sexual abuse.
The law carries penalties of up to life imprisonment for rape, although actual sentences are usually no more than 10 years. The rate of prosecution remains low because of cultural inhibitions against publicly discussing sex, fear of retribution, disinclination of police to intervene in domestic disputes, and unavailability of doctors who otherwise might provide the necessary evidence for conviction. Moreover, wife beating is prevalent and largely condoned by much of society. Traditional culture permits a man to discipline his wife by physical means and is ambivalent about the seriousness of spousal rape. There is no law specifically prohibiting spousal rape. Throughout the year, the media reported a steady stream of cases of violence against women, including widespread spousal abuse. The Nation, a leading Nairobi daily, for several months reserved a full page in each issue for coverage of domestic violence. The resulting publicity and public criticism often forced the police to take punitive action against the perpetrators.
There were continued incidents of rape of refugee Somali women at the Dadaab refugee camps, where women were assaulted outside camp perimeters in the course of gathering firewood, and occasionally within the camps themselves. A KHRC report noted a yearly average of over 100 reported cases of rape among refugee women. The UNHCR initiated a program to distribute firewood to refugees. The program reduced the incidence of rape outside the camps, but such crimes remain a problem.
Economic displacement and the spread of AIDS continues to fuel the problem of homeless street children. The number of Nairobi's street children is over
50.000, and the Government estimates that their numbers grow at 10 percent per year. According to a 1997 Human Rights Watch report, street children face harassment as well as physical and sexual abuse from the police and within the juvenile justice system. They are held in extremely harsh conditions in crowded police station cells, often without toilets or bedding, with little food, and inadequate supplies. They often are incarcerated with adults and frequently beaten by police. In May the director of a Mombasa street girls center sought to sue two police officers accused of raping a 13-year-old street girl.
The problem of child rape and molestation is growing. There are frequent press reports of rape of young girls by middle-aged or older rapists. There were repeated reports of molestation or rape of children by schoolteachers, mostly in rural areas. Legally, a man does not " rape " a girl under age 14 if he has sexual intercourse with her against her will; he commits the lesser offense of " defilement. " The penalty for the felony of rape can be life imprisonment, while the penalty for defilement is up to 5 years' imprisonment. Men convicted of rape normally receive prison sentences of between 5 and 20 years, plus several strokes of the cane.
Child prostitution is a major problem in Nairobi and Mombasa, often connected with the tourist trade. Child prostitution has grown considerably due both to economic contraction and to the spread of AIDS, which has created many orphans. Residents in Kisumu have formed the Organization for the Protection Against Child Prostitution to combat the growing problem.
There were reports that children were killed for body parts by persons practicing healing rituals associated with traditional religions.
Main sources: U.S. Department of State, CIA,
Mundo negro
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