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

by Ellis, Amanda

• ISBN13: 9780821369197
• ISBN10: 0821369199
• Edition: 1st
• Format: Paperback
• Copyright: 2007-05-01
• Publisher: World Bank

Summary

Kenyan women are making a large-although frequently unseen-contribution to the country's economy, particularly in the agricultural and informal business sectors. But women face more severe legal, regulatory, and administrative barriers to starting and running businesses than do their male counterparts. 'Gender and Economic Growth in Kenya' examines the barriers that are preventing women from contributing fully to the Kenyan economy and makes recommendations for addressing these barriers. Addressing these constraints will not only help women make a full economic contribution, but will also improve their livelihoods and those of their families and will help create a more enabling environment for all Kenyan businesses, regardless of the gender of their founders.

Table of Contents

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