Feminist Legal Theory

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assess whether they have been treated equally or not, the fact of pregnancy can operate as a reason for different and unequal treatment. This then means that equality must value and accommodate difference if feminism is to achieve significant purpose. Taking the Kenyan example in seeing how different treatment is in play, there exists ‘women empowerment programme ‘and not ‘male empowerment programme’.

The recently enacted Matrimonial property Act (2014) emphasises on the equality of spouses in a relationship. In case of a divorce, the spouses are to divide the matrimonial property equally that they acquired during the subsistence of the marriage. Money as a contribution to the acquiring of matrimonial property by the woman is not of quintessence. Contribution has been elaborated to include, companionship, childcare among other family circle chores. When the matrimonial property is to be divided it takes into account all the other contributions including money if at all it was given out by the woman. This is a very wide stride away from the patriarchal assumption that property acquired during marriage belongs to the man, thus the recognition of woman as an equal to man.

Feminists argue that, there are no laws/decisions that should be enacted or arrived at respectively, without their active input and chipping in. If decisions and laws are reached at contrary to this view by feminists, then they can’t purport to be all inclusive and accommodative of women issues. This has seen measures being put in place in Kenya to have room for women in reaching decisions by active participation. The constitution of Kenya commands that, there should be no more than two thirds of any gender in appointive or elective posts in Kenya. This led to the creation of women representative seats in the national assembly so that women can be at the decision making table in arriving at decisions and giving suggestions on matters of great importance to women.

In the world today, due to the impact of feminist activists, planning with a gender perspective is overally done worldwide. The underlying principle being that, in any society people have different characteristics and needs. Women and men are not homogenous, and such is essential to recognize the difficulty of identity and the diversity of all people including regional disparities, ethnicity, colonial histories, rural/urban, life experiences, cultural knowledge, language and religion.

Consequently, due to social and economic differences between men and women, as reflected by aspects of gender relations, government policies and programmes will not always affect women and men in the same manner. Therefore any planned policy or programme intervention should focus on these different categories of people.

References

Pala.A., Awuori.T.,Krystall.A.,( 1983), The Participation of Women in Kenyan Society. Kenya Literature Bureau, Nairobi.

Ministry of planning.,(2011), Gender Mainstreaming Guidelines. Nairobi.

Bhavnani.K., (2001), Feminism and Race. Oxford University Press, Oxford-Great Charendon Street

Banakar.T.(2002),An Introduction to Law and Social Theory. Hart publishing, Oxford-Portland.

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