Over the last several decades, Kenya has made significant political and economic
reforms that have contributed to sustained economic growth, social develop-
ment, and political stability. Gender equality, however, remains a key development
challenge. When women are given the same opportunities as men, they enter and
remain in the labor force, strengthening economies and enabling development.
Gender equality is also associated with better development outcomes, such as
lower rates of vulnerable employment and extreme poverty among female
workers.
KENYA
Mauritius
South Africa
Zimbabwe
Cabo Verde
Namibia
São Tomé and Príncipe
Togo
Liberia
Côte d'Ivoire
Mozambique
Tanzania
Zambia
Kenya
Rwanda
Burkina Faso
Congo, Dem. Rep.
Lesotho
Benin
Malawi
Central African Republic
Ethiopia
Guinea
Seychelles
Ghana
The Gambia
Madagascar
Angola
Burundi
Uganda
South Sudan
Eritrea
Sierra Leone
Senegal
Chad
Comoros
Botswana
Nigeria
Mali
Cameroon
Niger
Gabon
Equatorial Guinea
Congo, Rep.
Mauritania
Somalia
Eswatini
Guinea Bissau-
Sudan
0 10 20 30 40 50 60 70 80 90 100
WBL INDEX SCORE
REGION
Sub-Saharan Africa
INCOME GROUP
Lower-middle Income
MAIN BUSINESS CITY
Nairobi
FEMALE LABOR FORCE PARTICIPATION
72 percent
80.6
ABOVE
REGIONAL AVERAGE
for Sub-Saharan Africa
71.0
76.1
ABOVE
GLOBAL AVERAGE
WBL 2021 Index Score
Sub-Saharan Africa
ECONOMY SUMMARY
Kenya
Index score
in 2021
Index score
in 1971
WBL 2021 SCORE BY INDICATOR
100
Workplace Pay
100
Marriage
100
Parenthood
40
Entrepreneurship
50
Assets
80
Pension
75
Mobility
100
KENYA ENACTED REFORMS
AFFECTING FIVE OF THE
EIGHT INDICATORS,
INCREASING ITS SCORE:
48.8 80.6
Kenya’s current score can be attributed to a number of reforms increasing
gender equality that were passed over the last 50 years, with the majority
occurring in the last two decades. In 1970, the Law of Domicil Act allowed
women to choose where to live in the same way as men. This was the only reform
implemented in the areas measured by Women, Business and the Law until
2006. With the adoption of both the Sexual Oences Act and amendments to
the Employment Act between 2006 and 2009, Kenya criminalized sexual harass-
ment in employment, mandated equal remuneration for work of equal value,
eliminated the ban on women’s employment in certain sectors, and prohibited
discrimination based on gender in employment. Since 2009, Kenya has also
enacted legislation recognizing non-monetary contributions and protecting
women from domestic violence.
WOMEN, BUSINESS
AND THE LAW
2021
Of the 48 economies in Sub-Saharan Africa, 25, including
Kenya, receive a score of 100 on the Mobility indicator.
Mobility aects every step in a working woman’s life cycle.
Limitations in this area reduce opportunities for women to
build networks with other entrepreneurs and exchange vital
information on market opportunities, ultimately preventing
them from developing their full potential as successful
entrepreneurs. Increasing women’s mobility, including the
opportunity to freely commute to and from a workplace
outside of the home, can give women access to better
employment opportunities. Kenya achieved a score of 100
after the passage of the Law of Domicil Act on June 4, 1970,
which stated that “an adult married woman shall not, by
reason of being married, be incapable of acquiring an
independent domicile of choice.” Previously, case law
indicated that a married woman would automatically adopt
the domicile of her husband, thus restricting her freedom of
movement and her choices.
MOBILITY 100/100
CAN A WOMAN CHOOSE WHERE TO
LIVE IN THE SAME WAY AS A MAN?
CAN A WOMAN TRAVEL OUTSIDE HER
HOME IN THE SAME WAY AS A MAN?
CAN A WOMAN APPLY FOR A PASSPORT
IN THE SAME WAY AS A MAN?
CAN A WOMAN TRAVEL OUTSIDE THE
COUNTRY IN THE SAME WAY AS A MAN?
YES
YES
YES
YES
MOBILITY
Law of Domicil
Act of 1970
WORKPLACE
Sexual Oences
Act of 2006
PAY,
WORKPLACE,
PARENTHOOD
Employment Act
of 2007
ASSETS
Matrimonial
Property Act
of 2013
MARRIAGE
Protection Against
Domestic Violence
Act of 2015
Today, Kenya receives a score of 100 on four indicators:
Mobility, Workplace, Pay, and Marriage. These scores signify
that men and women have equal rights and opportunities in
the areas measured. However, the remaining four indicators
show room for improvement. Gaps persist in the regulatory
framework as measured by the Parenthood, Entrepreneur-
ship, Assets, and Pension indicators. With the exception of
Assets, in all of these areas Kenya lags behind other econo-
mies in the region and of the same income group. The follow-
ing sections explore Kenya’s scores for each of the Women,
Business and the Law indicators, highlighting both the
progress made and remaining opportunities for reform.
Kenya also receives a score of 100 under the Workplace
indicator, which analyzes laws aecting women's decisions to
enter and remain in the labor force. In the last 15 years, Kenya
has prohibited discrimination in employment and introduced
legislation on sexual harassment in employment, including
criminal penalties for such conduct. Kenya is among 36 other
economies in the region that have introduced sexual
harassment legislation since 1970. In 2019, the Employment
Act (Amendment) Bill was introduced to parliament, seeking
to lower the threshold of the number of employees needed
for an employer to develop a sexual harassment policy from
20 to five. The legislation is pending as of June 2021.
WORKPLACE 100/100
CAN A WOMAN GET A JOB IN THE SAME
WAY AS A MAN?
DOES THE LAW PROHIBIT DISCRIMINATION
IN EMPLOYMENT BASED ON GENDER?
IS THERE LEGISLATION ON SEXUAL
HARASSMENT IN EMPLOYMENT?
ARE THERE CRIMINAL PENALTIES OR CIVIL
REMEDIES FOR SEXUAL HARASSMENT IN
EMPLOYMENT?
YES
YES
YES
YES
Just 13 economies in Sub-Saharan Africa (including Kenya),
and less than one-third of all economies globally, receive a
score of 100 on the Pay indicator. This indicator focuses on
laws and regulations aecting occupational segregation and
the gender wage gap. Worldwide, Pay has the second lowest
performance of all indicators, with an average global score of
just 67.5. Should a woman successfully enter and remain in the
labor force, it is imperative that she not face job restrictions or
receive lower pay than a man holding the same position. Yet
88 economies still restrict the jobs women can hold. Addition-
ally, fewer than half of economies worldwide (90) have
mandated equal remuneration for work of equal value.
With an amendment to the Employment Act in 2007, Kenya
mandated equal remuneration for work of equal value. It also
eliminated the ban on women's employment in certain
sectors. The legislation previously in force had banned women
from being employed “between the hours of 6:30 p.m. and
6:30 a.m. in an industrial undertaking,” which included mining,
factories, the construction sector, and transport.
PAY 100/100
DOES THE LAW MANDATE EQUAL
REMUNERATION FOR WORK OF EQUAL
VALUE?
CAN A WOMAN WORK AT NIGHT IN THE
SAME WAY AS A MAN?
CAN A WOMAN WORK IN A JOB DEEMED
DANGEROUS IN THE SAME WAY AS A MAN?
CAN A WOMAN WORK IN AN INDUSTRIAL
JOB IN THE SAME WAY AS A MAN?
YES
YES
YES
YES
MARRIAGE 100/100
IS THERE NO LEGAL PROVISION THAT
REQUIRES A MARRIED WOMAN TO OBEY
HER HUSBAND?
CAN A WOMAN BE HEAD OF HOUSEHOLD
IN THE SAME WAY AS A MAN?
IS THERE LEGISLATION SPECIFICALLY
ADDRESSING DOMESTIC VIOLENCE?
CAN A WOMAN OBTAIN A JUDGMENT OF
DIVORCE IN THE SAME WAY AS A MAN?
DOES A WOMAN HAVE THE SAME RIGHTS
TO REMARRY AS A MAN?
YES
YES
YES
YES
YES
INTRODUCTION OF DOMESTIC VIOLENCE LEGISLATION
IN SUB-SAHARAN AFRICA, 2014-2019
Guinea-Bissau, Comoros
Kenya
Chad
Burkina Faso, Eswatini
Liberia, Madagascar
Unequal rights in marriage and divorce can have negative
eects on women’s intra-household bargaining power and
jeopardize their financial security. Measures that can promote
gender equality in this sphere include protection from
domestic violence as well as the ability to divorce and
remarry in the same way as men. Kenya is one of 16
economies in Sub-Saharan Africa to score 100 on the
Marriage indicator. This was achieved in 2015 with the
passage of Kenya’s first domestic violence legislation, which
extends to women protections against physical, sexual,
psychological, and economic violence. The law, however,
does not provide for criminal penalties for domestic violence
except in situations where a protection order is broken. One
good practice example for comprehensive reform is Madagas-
car, whose 2019 law establishes criminal penalties for
dierent forms of gender-based violence in the private and
public spheres. The law also stipulates that the state must
support survivors through the provision of health care,
including psychological health care, and legal aid services.
Since 2015, eight economies in the region have passed
legislation specifically addressing domestic violence. Equal
remarriage procedures support women’s economic security
by promoting equal decision-making within marriage and
ensuring women’s financial stability during and after a
divorce or death of spouse.
PARENTHOOD 40/100
Laws that prescribe equal access when conducting financial
transactions, entrepreneurial activity, or when receiving
financial assistance are key to expanding access to finance for
women-owned businesses. The Entrepreneurship indicator
analyzes constraints on women starting and running business-
es. Kenya scores 50 out of 100 points on this indicator. While
women in Kenya can sign binding contracts and open bank
accounts in the same way as men, crucial barriers to women’s
participation in entrepreneurship activities remain. First, the
law does not prohibit discrimination in access to credit based
on gender. Economies in Sub-Saharan Africa that prohibit
discrimination in access to credit based on gender include
Angola, Cabo Verde, Democratic Republic of Congo, Guinea,
Mauritius, Mozambique, South Africa, Zambia, and Zimbabwe.
In South Africa, the Promotion of Equality and Prevention of
Unfair Discrimination Act of 2000 bars unfair practices, which
it defines to include refusing to provide goods or services and
providing unequal access to financial resources to any person
on one of the prohibited grounds, including sex. Additionally,
the National Credit Act of 2006 (in Art. 61) establishes that a
credit provider must not unfairly discriminate directly or
indirectly based on gender. In 2015, Zambia enacted the
Gender Equity and Equality Act, which determines that both
sexes shall have equal access and rights to credit, capital,
mortgages, security, and training (Art. 14). The law’s Art. 37
also explicitly prohibits discrimination against women based
on their gender and marital status when accessing financial
services or resources. Women, Business and the Law has found
ENTREPRENEURSHIP 50/100
DOES THE LAW PROHIBIT DISCRIMINATION
IN ACCESS TO CREDIT BASED ON GENDER?
CAN A WOMAN SIGN A CONTRACT IN THE
SAME WAY AS A MAN?
CAN A WOMAN REGISTER A BUSINESS IN
THE SAME WAY AS A MAN?
CAN A WOMAN OPEN A BANK ACCOUNT
IN THE SAME WAY AS A MAN?
NO
YES
NO
YES
that laws prohibiting gender-based discrimination by creditors
are positively associated with female bank account ownership.
Kenya is also one of just four economies in Sub-Saharan Africa,
and six worldwide, that does not allow women to register a
business in the same way as men. Article 6(1)(h) of the Regis-
tration of Business Names Act requires a married woman who
wants to register a business to include the name and surname
of her husband, while a married man is not required to provide
such information about his wife. These disparities can limit
women’s ability to make eective choices and transform these
choices into economic outcomes.
IS PAID LEAVE OF AT LEAST 14 WEEKS
AVAILABLE TO MOTHERS?
DOES THE GOVERNMENT ADMINISTER
100% OF MATERNITY LEAVE BENEFITS?
IS PAID LEAVE AVAILABLE TO FATHERS?
IS THERE PAID PARENTAL LEAVE?
IS DISMISSAL OF PREGNANT WORKERS
PROHIBITED?
NO
NO
YES
NO
YES
Kenya receives a score of 40/100 on the Parenthood indicator,
which examines laws aecting women’s work after pregnancy.
Maternity, paternity, and parental leave schemes can help
recognize and redistribute unpaid care work. Kenya is among
a minority of countries in the region that do not grant at least
98 days of paid maternity leave, the standard established by
the International Labour Organization (ILO). Neighboring
countries that have carried out reforms in this area include
Ethiopia, which lengthened paid maternity leave from 90 to
120 days and introduced three days of paternity leave in 2019.
Liberia and Mauritius also passed reforms in 2015 by extending
the length of leave from 90 days and 84 days, respectively, to
98 days. Of the 27 economies in Sub-Saharan Africa that
provide at least 14 weeks of maternity leave for women, 12
economies require the government to administer this benefit.
LENGTH OF PAID LEAVE (CALENDAR DAYS)
The Gambia 180 14
Ethiopia 120 3
Seychelles 112 14
Congo, Rep. 105 0
São Tomé and Príncipe 98 0
Kenya 90 14
Nigeria 84 0
Mozambique 60 1
Sudan 56 0
Maternity Paternity
The Assets indicator examines gender dierences in property
and inheritance law. Strong property rights can allow women
to leverage assets for economic gain. Kenya receives a score
of 80/100 on this indicator. The country’s most recent reform
in this area was the adoption of the Matrimonial Property Act
in 2013, which explicitly introduced the concept of non-mone-
tary contributions to matrimonial property, such as child care
or domestic work, that usually disproportionately fall on
women. Kenya fails to achieve a perfect score because it does
not grant female and male surviving spouses equal
inheritance rights. Article 36 of the Law of Succession Act
states that if the surviving spouse is a widow, the “life interest
shall be determined upon her re-marriage to any person.”
This means that women’s right to inheritance is conditioned
upon their decision to remarry, which is a requirement that
does not exist for men.
Where wives or daughters lack equal inheritance rights, their
economic prospects may be limited. Conversely, giving
women greater access to assets through inheritance can
change outcomes for children, particularly girls. The majority
of economies in Sub-Saharan Africa (71 percent) grant
surviving spouses equal inheritance rights.
ASSETS 80/100
DO MEN AND WOMEN HAVE EQUAL
OWNERSHIP RIGHTS TO IMMOVABLE
PROPERTY?
DO SONS AND DAUGHTERS HAVE EQUAL
RIGHTS TO INHERIT ASSETS FROM THEIR
PARENTS?
DO MALE AND FEMALE SURVIVING SPOUSES
HAVE EQUAL RIGHTS TO INHERIT ASSETS?
DOES THE LAW GRANT SPOUSES EQUAL
ADMINISTRATIVE AUTHORITY OVER ASSETS
DURING MARRIAGE?
DOES THE LAW PROVIDE FOR THE
VALUATION OF NONMONETARY
CONTRIBUTIONS?
YES
YES
NO
YES
YES
The Pension indicator assesses laws aecting women’s
economic prospects in retirement. Kenya receives a 75/100
on this indicator. While the ages at which men and women
can retire are equal, periods of absence due to childcare are
not accounted for in pension benefits. Explicit recognition of
maternity leave as a qualifying period of employment allows
women's retirement savings to continue growing while on
care leave. Currently, 24 of the 48 economies in Sub-Saharan
Africa legally establish pension care credits for periods of
childcare. In Côte d’Ivoire, for example, periods of interrupted
work during which the employed woman receives maternity
allowance are accounted for when calculating the amount of
retirement pension, regardless of contributions. Others, such
as Benin, Burkina Faso, Cameroon, and Togo, credit time
spent on maternity leave as insured periods. Provisions like
these can help ensure women’s economic security in old age.
PENSION 75/100
IS THE AGE AT WHICH MEN AND WOMEN
CAN RETIRE WITH FULL PENSION BENEFITS
THE SAME?
AGE (WOMEN)
AGE (MEN)
IS THE AGE AT WHICH MEN AND WOMEN
CAN RETIRE WITH PARTIAL PENSION
BENEFITS THE SAME?
IS THE MANDATORY RETIREMENT AGE FOR
MEN AND WOMEN THE SAME?
ARE PERIODS OF ABSENCE DUE TO
CHILDCARE ACCOUNTED FOR IN PENSION
BENEFITS?
YES
YES
YES
NO
60
60
GOOD PRACTICE: INHERITANCE IN RWANDA
Law Governing Matrimonial Regimes, Donations and Successions (Law No. 27 of 2016), Art. 75
The surviving spouse is entitled to take part in succession of the deceased spouse’s estate. The surviving spouse
called to succeed inherits in equal portions with first category heirs. If there are no heirs of the first category, he/she
has the same right of succession as heirs in the second category and in the absence of heirs of the second category,
he/she co-inherits with those of the third category, and so forth.
Women in Kenya have experienced significant increases in
socio-economic opportunities thanks to the reforms pursued
over the last several decades. Of the 35 good practices
measured by Women, Business and the Law, 20 percent have
room for improvement. Prioritizing reforms in the areas of
Parenthood, Entrepreneurship, Assets, and Pension is crucial
to help women achieve full equality before the law.
In the area of Entrepreneurship, the country could improve
women’s situation by prohibiting discrimination in access to
credit and equalizing the process and requirements for
women to register a business. In the area of Assets, Kenya
should consider a reform of inheritance law to grant equal
rights to male and female surviving spouses. And in
Parenthood, the country has room to align with the
international good practice established by the ILO by
granting 14 weeks of leave for mothers.
Even in areas where the country has pursued reforms, it can
take time before the law is fully implemented. One example is
the need for clearer guidance for the judiciary to adjudicate
non-monetary contributions and equitable distribution of
property. Case law still highlights the inconsistent interpreta-
tion and application of laws, which often results in discrimina-
tory distribution of matrimonial property. Another example is
the case of the Protection Against Domestic Violence Act of
2015. After the passage of the act, rules of procedure were
not enacted. However, civil society groups worked to resolve
this situation, which led to rules of procedure being drafted.
These rules were subsequently signed by the Chief Justice
and Chairman of the Rules Committee on October 6, 2020.
THE WAY FORWARD
ACKNOWLEDGEMENTS
Women, Business and the Law presents an index covering 190
economies and structured around the life cycle of a working
woman. It employs eight indicators that are structured around
women’s interactions with the law as they begin, progress
through, and end their careers: Mobility, Workplace, Pay,
Marriage, Parenthood, Entrepreneurship, Assets, and Pension.
Overall scores are calculated by taking the average of each
indicator, with 100 representing the highest possible score.
Support for the Women, Business and the Law economy
summaries series is provided by the Bill & Melinda Gates
Foundation. The Women, Business and the Law team would
like to acknowledge Mr. Fredrick J.K Nyagah and Ms.
Catherine N Githae from the Men Engage Kenya Network
(MenKen) for their invaluable insights and expertise.
For more information,
including analysis
over time, please
visit wbl.worldbank.org or
contact [email protected].
ANALYSIS: KENYA IN THE
WOMEN, BUSINESS AND THE LAW
INDEX
QUESTION
KENYA
LEGAL BASIS
KENYA
(Y/N)
INDICATOR
REGIONAL
TREND (Y/N)
Can a woman choose where to live in the same way as a man?
Can a woman travel outside her home in the same way as a man?
Can a woman apply for a passport in the same way as a man?
Can a woman travel outside the country in the same way as a man?
Can a woman get a job in the same way as a man?
Does the law prohibit discrimination in employment based on gender?
Is there legislation on sexual harassment in employment?
Are there criminal penalties or civil remedies for sexual harassment in employment?
Does the law mandate equal remuneration for work of equal value?
Can women work the same night hours as men?
Can women work in jobs deemed dangerous in the same way as men?
Are women able to work in the same industries as men?
Is there no legal provision that requires a married woman to obey her husband?
Can a woman be head of household in the same way as a man?
Is there legislation specifically addressing domestic violence?
Can a woman obtain a judgment of divorce in the same way as a man?
Does a woman have the same rights to remarry as a man?
Is paid leave of at least 14 weeks available to mothers?
Does the government pay 100% of maternity leave benefits?
Is there paid paternity leave?
Is there paid parental leave?
Is dismissal of pregnant workers prohibited?
Does the law prohibit discrimination in access to credit based on gender?
Can a woman sign a contract in the same way as a man?
Can a woman register a business in the same way as a man?
Can a woman open a bank account in the same way as man?
Do men and women have equal ownership rights to immovable property?
Do sons and daughters have equal rights to inherit assets from their parents?
Do female and male surviving spouses have equal rights to inherit assets?
Does the law grant spouses equal administrative authority over assets during marriage?
Does the law provide for the valuation of nonmonetary contributions?
Are the ages at which men and women can retire with full pension benefits equal?
Are the ages at which men and women can retire with partial pension benefits equal?
Are the mandatory retirement ages for men and women equal?
Are periods of absence due to child care accounted for in pension benefits?
No restrictions could be located
No restrictions could be located
Constitution of Kenya, Art. 12(1)(b); Kenya
Citizenship and Immigration Act, Arts. 24(1) and 27
No restrictions could be located
No restrictions could be located
Employment Act, Art. 5(3)(a)
Employment Act, 2007, Sec. 6 Criminal
Employment Act, 2007, Sec. 6 Criminal
penalties: Sexual Oences Act,
2006, Sec.23
Civil: No applicable provisions
No restrictions could be located
No restrictions could be located
No restrictions could be located
No applicable provisions could be located
No restrictions could be located
Protection Against Domestic Violence
Act, 2015
No restrictions could be located
No restrictions could be located
Employment Act, Sec. 29(1)
Employment Act, Art. 29
Employment Act, Art. 29(8)
No applicable provisions could be located
Employment Act, Arts. 45(4) and 46(a)
No applicable provisions could be located
Matrimonial Property Act, Art. 4(b)
Registration of Business Names Act, Art.
6(1)(h)
No restrictions could be located
Matrimonial Property Act, Sec. 4(a)
Law of Succession Act, Art. 35(5)
Law of Succession Act, Art. 36(1)
Matrimonial Property Act, Sec. 12
Matrimonial Property Act, Sec. 7
National Social Security Fund Act, Arts. 2
and 36
No applicable provisions could be located
No applicable provisions could be located
No applicable provisions could be located
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
Yes
No
Yes
No
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Marriage
Entrepreneurship
Pension
Assets
Mobility
Pay
Parenthood
Workplace
62%
98%
75%
98%
79%
90%
75%
73%
46%
94%
58%
52%
90%
65%
65%
79%
50%
56%
38%
58%
0%
79%
19%
96%
92%
85%
79%
75%
71%
83%
60%
85%
92%
96%
50%
38%
2%
25%
2%
21%
10%
25%
27%
54%
6%
42%
48%
10%
35%
35%
21%
50%
44%
62%
42%
100%
21%
81%
4%
8%
15%
21%
25%
29%
17%
40%
15%
8%
4%
50%