Widows Expose Injustice, Demand National Policy

A nationwide call to end the systemic neglect and marginalization of widowed persons—particularly women—rang out at the Kenya School of Government last week, as the Commission (NGEC) led calls for urgent policy and legal reforms to protect the rights of widows.

Speaking at a high-level consultative forum hosted by the Come Together Widows and Orphans Organisation (CTWOO), NGEC Chairperson Hon. Rehema Jaldesa described widowhood in Kenya as a “structural gender inequality crisis that has long been normalized and ignored.” The three-day event brought together widows, lawmakers, human rights actors, and civil society stakeholders, marking a turning point in Kenya’s approach to widowhood as a human rights and public policy concern.

“There are over five million widowed persons in Kenya today, yet they remain legally invisible,” Jaldesa said in her keynote address. “The death of a spouse should not lead to the death of one’s rights. Yet, for countless women, this is precisely what it becomes.”

The Chairperson emphasized that widowhood must be recognized not only as a personal tragedy but as a national governance issue that exacerbates poverty, inequality, and gender-based violence.

She cited evidence from NGEC’s field investigations, which reveal widespread disinheritance, forced evictions, and physical and sexual abuse, all of which go largely unpunished due to gaps in the current legal and policy framework.

Among the most pressing concerns highlighted at the forum were the nondomestication of the UN Resolution on Widowhood, the absence of widows in the official classification of marginalized groups, and legal loopholes that fail to protect women in uncodified or customary marriages. Participants also exposed troubling cases of chiefs demanding bribes or sexual favors before issuing succession letters, and discriminatory laws that strip widows of property rights upon remarriage—restrictions not applied to widowers.

These are not isolated cases,” said Jaldesa. “They point to systemic failure. Cultural silence must not be used as a shield for legal injustice.”

The Commission has now formally recommended the development of a National Policy on Widowhood, the amendment of the Law of Succession Act to explicitly protect widows’ rights, and the creation of a national database of widowed persons to inform service delivery and policy planning.

The forum’s communique also called for the inclusion of widows in land control boards and local governance structures, the establishment of a national helpline, and the creation of a widow protection fund. It further demanded access to legal aid and psychosocial support for widows, who often suffer in silence without redress.

The push for reform received backing from lawmakers and legal experts, including Hon. Dr. Otiende Amollo, who underscored the discriminatory application of succession laws and the urgent need for legal clarity on the rights of surviving spouses in non-formal unions.

In her closing remarks, the Chairperson issued a powerful reminder: “A country cannot claim to be equal and just while ignoring the plight of its widowed women. The time to act is now.”

The Commission has committed to follow through with multi-agency engagements to push for institutional responses to the policy recommendations. If adopted, these reforms would mark a watershed moment for widowhood rights in Kenya, anchoring dignity, justice, and recognition within the broader national equality agenda.

NGEC Chairperson Hon. Rehema Jaldesa giving remarks at the high-level forum on the protection of the widowed persons rights in Kenya