TITLE:
Navigating the Crossroads: Patriarchy and Women’s Rights in Kenya’s Legal Landscape
AUTHORS:
Lucy Wanja Julius
KEYWORDS:
Patriarchy, Cultural Norms, Gender Roles, Legal Frameworks, Customary Law, Women’s Rights, Systemic
JOURNAL NAME:
Beijing Law Review,
Vol.16 No.1,
March
13,
2025
ABSTRACT: This study analyzes the complex interplay between patriarchal systems, cultural norms, and legal frameworks globally, with particular emphasis on Kenya. Drawing from comprehensive secondary data including books, legal texts including legislation, peer-reviewed academic journals, and credible reports, the research examines how African customary laws and patriarchal practices create fundamental tensions between cultural preservation and human rights. Kenya serves as a critical case study, where the 2010 Constitution presents an inherent paradox by simultaneously enshrining human rights while elevating cultural practices that potentially undermine gender equality. The findings reveal systemic failures in legal structures that perpetuate gender discrimination, demonstrating a significant disconnect between legislative intentions and practical outcomes. In Kenya, as in other patriarchal contexts, women face persistent subordination in both private and public spheres despite constitutional guarantees of equality. The research proposes concrete reforms, including systematic review of customary laws to align with human rights principles, alongside targeted educational initiatives for cultural transformation. Crucially, it argues for the strategic inclusion of men in gender equality programs as essential for bridging the gap between legal frameworks and women’s lived experiences. The study concludes that effective change requires dynamic legal interpretation that prioritizes gender equality while acknowledging cultural contexts.