| dc.description.abstract | Women’s rights have continually been violated in Kenya over the years. Kenya acceded to
CEDAW in 1984 in order to ensure gender equity and equality. In an effort to implement the
Convention, Kenya has undertaken several strategies from legislative, policy to programmatic.
The process has been slow noting that CEDAW was acceded to 26 years ago.
This study sought to establish how effective CEDAW has been in enhancing the rights of women
in Kenya. It sought to determine the legal instruments, policies and other measures that have
been put in place to eliminate discrimination against women and to ensure gender equality and
whether these were effective in achieving their intended results.
An examination of the effects of patriarchy on the rights of women was also undertaken. Kenya
just like most African states is a deeply patriarchal society. Women’s rights continue to be
subjugated to date on a daily basis owing to this phenomenon. The political and public processes
(law making and policy implementation) as well as the socioeconomic processes are
compromised by patriarchal influences.
This study confirmed that women continue to be discriminated against regardless of their
educational, economic or professional status. Women activists have over the years tried to agitate
for the recognition of women’s rights and despite facing a lot of opposition from the political
establishment, piecemeal legislation has continued to be passed ultimately culminating in the
passing of the 2013 pro-women Constitution.
The study also found that the courts have in interpreting the law been very restrictive in their
approach thus denying women their rights. However a few judicial officers have used their
discretion in reaching magnanimous decisions by referring to CEDAW.
Given that patriarchy or male dominance is a deeply rooted dynamic in Kenyan society, the
study found that it is not just enough to enact legislation or formulate policy. This must go hand
in hand with the creation of awareness both at the time of creating policy, enacting the law and
after the law has been passed as a way creating knowledge and ensuring acceptance of the law.
Beneficiaries of the law (women) as well as the enforcers of the law (judiciary, Police,
immigration officers and the executive in general) as well as the citizens of Kenya need to be
aware of their rights and respect these rights to ensure a cohesive and fair society. Affirmative
action as provided in the Constitution and other laws needs to be implemented to ensure a critical
mass of women is present in decision-making to push women’s agenda forward. Further women
placed in such capacities should use their platforms to protect the gains achieved but even more
important to devise mechanisms that will effectively ensure the gender equality question is
addressed. | en |
