Your rights
Ten topics in plain language. Each one shows the law, what to do, and what to say if you are refused.
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Your rights at a glance
The five rights from our brochure. Every topic below goes into more detail.
- 01
Right to education
Access to primary and secondary education without discrimination.
Constitution of Kenya, Art. 53(1)(b); Basic Education Act guarantee
- 02
Right to return to school
Right to return to school after childbirth.
School Re-Entry Guidelines (2020); Basic Education Act, 2013
- 03
Right to non-discrimination
Freedom from discrimination due to pregnancy or motherhood.
Constitution of Kenya, Art. 27(4)
- 04
Right to health and safety
Access to health and protection from abuse.
Constitution of Kenya, Arts. 43 & 53
- 05
Right to access justice
Right to seek help when abused or your rights are violated.
Constitution of Kenya, Art. 48
School & learning
Health & pregnancy
Safety & protection
Sexual violence and defilement
Under 18, you cannot legally consent to sex. Any sexual act with a girl under 18 is defilement, which is a crime, even if she did not resist or said yes.
Read moreChild marriage and female genital mutilation
In Kenya you cannot marry before 18, for anyone, in any community, with or without a parent's agreement. FGM is a crime, including when it is called tradition.
Read morePrivacy, dignity and being believed
Your pregnancy, your HIV status and your medical records are private. No school, employer or public office may broadcast them, and you never have to pay a bribe to be served.
Read more
Family & children
The other parent's share: maintenance
Bringing up a child is the responsibility of both parents, married or not. If the father is absent, you can apply to a Children's Court for monthly maintenance, even before the baby is born.
Read moreBirth certificates and identity
Every child has a right to a name and a nationality from birth. Without a birth certificate a child struggles to enrol in school, sit national exams, and get an ID later.
Read more
Justice & courts
Work, money & land
Work, pregnancy and fair pay
An employer cannot sack you, cut your pay, or refuse to hire you because you are pregnant. Maternity leave is a legal right, not a favour.
Read moreHome, land and inheritance
Daughters inherit on the same terms as sons, and a widow cannot be chased out of the family home. Custom cannot be used to deny a woman her share.
Read more
Questions from our workshops
We only answer what the law and official guidelines say. If your answer depends on your own situation, a free legal aid provider can help.