An Analysis of denial of women's rights, with regard to access of matrimonial property in Kenya

Abstract

Since time immemorial, there has been an imbalance in women's and men's rights with regard to division of matrimonial property in Kenya. This study delves into the protection of women's rights to matrimonial property upon the dissolution of a marriage. The starting point of the study is the history, and what property rights were enabled to each back then, versus now. As the study is relevant to Kenya, Kenyan law and common law will be evaluated. By way of case law, the study examines how women's rights to matrimonial property are protected by the statutory provisions in Kenya, and how adequate these are.