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UN human rights experts urge Kenya to repeal discriminatory sections in Matrimonial Property Act
GENEVA – A group of United Nations human rights experts today urged Kenya to repeal sections of the Marriage and Property Act which effectively deny women the right to marital property upon divorce or death of their spouse, unless they can prove they made a contribution to the acquisition of the property during their marriage.
“It is expected that very few women will be able to demonstrate such a contribution under the new provisions, since few Kenyan women have land title deeds in their own names and even less hold deeds jointly with men,” warned independent expert Frances Raday, who currently heads the UN Working Group on discrimination against women in law and practice.
“Such provisions are serious retrogressive steps in the protection of women’s equal access to land and property, and are in violation of Kenya’s international and regional human rights obligations,” Ms. Raday stressed. “They clearly discriminate against Kenyan women and are squarely at odds with equality provisions enshrined in the Kenyan Constitution.”
The Act, which came into force on 16 January 2014, could result in many Kenyan women losing access to the lands where they live and farm. Many rural households in Kenya are headed by women, who rely on the land not only to produce food, but also on the income generated by it to access health care services and educational opportunities for themselves and their families.
“Women will effectively have no security of tenure, or place to live with their children if their husband leaves them or dies, which will also increase their risk of experiencing violence,” the expert added. “The passage of the Act will have a detrimental impact on the right to food, the right to adequate housing and the right to an adequate standard of living for Kenyan women, children and communities.”
Ms. Raday’ appeal has also been endorsed by the Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda; the Special Rapporteur on the right to food, Olivier De Schutter; the Special Rapporteur on Violence Against Women, its causes and consequences, Rashida Manjoo, and the Special Rapporteur on adequate housing, Raquel Rolnik.
“We regret the promulgation of this legislation in its current form and urge the Government of Kenya to repeal discriminatory sections of this Act, and to continue with the country’s advances towards full equality between men and women as established in the Kenyan Constitution,” the group of experts stated.
The Special Rapporteurs have engaged with the Kenyan Government concerning the provisions in question of the Marriage and Property Act, and expressed their readiness to assist the authorities in reviewing and bringing the Act into line with international human rights standards.
The Social Democratic Party (SDP) and the Inter-Party Advisory Council (IPAC) have disclosed details of their recent closed-door meeting with President Bola Tinubu, explaining that the engagement focused on strengthening Nigeria’s democratic process ahead of the 2027 general elections.
The clarification came amid speculation surrounding the meeting, which took place at the Presidential Villa in Abuja after leaders of several opposition parties attended an Iftar dinner hosted by the president earlier in the week.
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Speaking during a gathering hosted in Abuja by the SDP’s former presidential candidate, Adewole Adebayo on Friday, the party’s National Chairman, Prof. Sadiq Gombe, said the meeting with Tinubu followed an official invitation from the Presidency and lasted about an hour.
According to Gombe, the discussion centred on the need to strengthen Nigeria’s electoral laws and restore public confidence in the country’s electoral process ahead of the 2027 polls.
He explained that the meeting provided an opportunity for party leaders to remind the president of the importance of conducting transparent, free, and credible elections.
Gombe noted that democracy can only thrive when governments listen to the concerns of citizens and ensure electoral processes that guarantee fairness and accountability.
The SDP chairman also expressed concern over growing voter apathy, pointing to the low turnout recorded in the recent Area Council election in the Federal Capital Territory.
He said the Abuja Municipal Area Council election witnessed only about seven per cent voter turnout, which he described as a clear sign that many Nigerians are losing confidence in the electoral system.
Gombe urged the government and members of the National Assembly to take urgent steps to review electoral laws and rebuild public trust in Nigeria’s democracy.
Also speaking, the National Chairman of IPAC, Dr. Yusuf Dantalle, said political parties used the meeting to raise concerns about aspects of proposed electoral reforms, particularly issues related to indirect primaries and the mandatory electronic transmission of results.
Dantalle explained that the parties appealed to the president to use his influence to encourage legislative review where necessary, noting that reforms should strengthen, rather than complicate, the democratic process.
He expressed optimism that Tinubu would consider the concerns raised and support necessary amendments that would improve the electoral system.
The IPAC chairman also called on the Independent National Electoral Commission (INEC) to strictly adhere to electoral guidelines as preparations for the next election cycle begin.
Earlier in his remarks, Adebayo cautioned political actors against turning the 2027 general elections into a do-or-die contest, stressing that the primary goal of democracy should be the progress and stability of Nigeria rather than personal political victories.
He urged leaders across political parties to encourage citizens to actively participate in the democratic process and ensure that elections are conducted peacefully and transparently.
President Bola Tinubu and Mr. Taiwo Oyedele during his nomination on Wednesday.
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