Gender and Economic Growth in Kenya: Unleashing the Power of Women Book

Foreword     xiii
Acknowledgments     xv
Acronyms and Abbreviations     xvii
Overview     xxi
Matrix of Recommendations     xxxi
Overview of Kenya's Legal Framework     1
How Does Kenya's Legal Framework Impact on Gender Issues?     1
International Obligations Have Impacted Little on Domestic Law     1
Kenya's Constitution Entrenches Gender Inequality     2
Kenya's Statutory Legislation Reflects This Discriminatory Framework     4
The Constitution Permits Discriminatory Customary Law Practices     4
Government Recognizes the Need to Address These Barriers     6
Input into the Private Sector Development Strategy and Other Initiatives     6
Note     7
The Gender/Economic Growth Nexus     9
Women Start from a Disadvantaged Position     10
Women Predominate in Agriculture, but Their Contribution Tends to Be Unpaid     10
Women Are Less Predominant in Formal Sector Employment and Tend to Have Lower Wages     12
Kenyan Women Constitute Almost Half of Micro and Small Business Owners     13
Women's Dual Roles and Time Burden Affect Economic Productivity     13
Women Are Particularly Impacted by HIV/AIDS and Are Victims of Gender-RelatedViolence     15
Inequalities in Access to Education Have an Adverse Impact on Growth     17
Equal Access to Formal Employment and Agricultural Inputs Positively Impacts Economic Growth     18
Notes     19
Access to Property Rights and Land     21
Denial of Property Rights in Relation to Land Impacts on Poverty     22
The Formal Legal Framework for Land Market Regulation Is Unsatisfactory but Does Not Prevent Women from Owning Land     23
Women's Property Rights Are Often through a Man     24
Formal Statute Law Gives Property Rights to Married Women     25
The Married Women's Property Act of 1882 Gives Married Women Equal Rights to Own Property     25
The Law of Succession Act Gives Women Inheritance Rights     26
A Cohabiting Woman Has No Rights under Either the Formal Legal System or Customary Law     28
It Can Be Difficult to Establish Marital Status     28
Formal, Established Legal Principles Are Not Applied in the Vast Majority of Cases     28
In Practice, Many of Those Dispensing Justice-from Judges to Chiefs-Are Unaware of the Legal Position     29
Formal Registration Practices Have Excluded Women     30
Allocation of State Land Has Excluded Women     31
Family Land Can Be Disposed of without a Wife's Consent      32
Women Can Be Ineligible for Cooperative Membership     35
The Developing National Land Policy Is an Opportunity for Reform     35
Recommendations     36
Notes     38
Access to Finance and Collateral     41
Access to Affordable Finance Is a Key Constraint     41
Informal Savings and Microfinance     42
The "Missing Middle" in Financial Services     44
The Legal and Regulatory Framework for SME Finance Is Incomplete     45
Women Entrepreneurs Are Not Rewarded for Their Repayment History     46
Law Reform Could Enable Nonland Assets to Be Used as Collateral     47
Recommendations     49
Notes     50
Access to the Formal Sector: Business Entry and Licensing     51
The Government of Kenya Recognizes the Importance of the MSME Sector to Employment Creation and Economic Growth     51
Yet Many Women Are "Stuck" Running Micro Enterprises in the Informal Sector     52
Registration Is an Important Step for Business Growth     52
Women May Respond Well to Simplified Registration Procedures     52
Registration of Business Names Act: Fundamental Reform Required     54
Companies Act Registration: Best-Practice Business Entry Reform Required      57
Companies Act Registration Facilitates the Pooling of Resources     57
Business Licensing Requirements Are Onerous     60
An Ambitious and Badly Required Overhaul of All Business Licenses     61
Current Business Licensing Reforms Should Have a Gender Lens     62
Results So Far Are Promising, but More Is Needed     62
Recommendations     62
Notes     63
Access to Justice     65
Limited Access to Formal Courts; Limited Justice in Informal Courts     65
Government of Kenya-Led Reform Efforts Are Underway     67
Civil Society Organizations Are Having an Impact     70
Recommendations     71
Note     71
The Impact and Opportunities of International Trade and Labor     73
Gender Influences the Impact of International Trade     74
Trade Liberalization Can Attract Foreign Investment and Has Resulted in Increased Employment Opportunities for Women     74
New Employment Opportunities Bring Both New Challenges and Opportunities     75
Significant Gender Discrimination Exists in Kenya's Formal Labor Market     76
Discriminatory and Outdated Labor Laws Fail to Address Gender Issues and Decrease Women's Ability to Fully Benefit from International Trade     77
Female Entrepreneurs Have Yet to Fully Benefit from International Trade     77
Trade in Textiles, Cut Flowers, and Tourism: Impacts on Employment, Wages, and Working Conditions for Women in Kenya     79
Recommendations     86
Notes     87
The Way Forward: Ensuring That Women's Voices Are Heard     89
Institutional Framework: The National Machinery for Implementing Gender and Development Goals     90
The Role of Civil Society     91
Building Capacity to Meet the Challenges Ahead     92
Incorporate GGA Recommendations in the Government of Kenya's Reform Processes     92
Need for a "Joined-Up" Policy on PSD, with Gender Mainstreamed     95
Recommendations     96
List of Key Kenyan Organizations Focusing on Issues Covered in the GGA     97
Methodological Note on Gender Inequalities and Economic Growth in Kenya     101
References     107
Index     115