• Right to participate in economic activities in the country
• Right to preserve their cultural way of life in line with article 11 of the Constitution
• Right to representation in land governance institutions and participation in land related decision making processes.
• Right of access to the shore lines of lakes and rivers and public fish landing sites for fishing communities to enable them carry out their economic activities
• Right of access to community forests for hunter gatherers communities to sustain their livelihoods.
• Right of access to communally held land for grazing purposes for the Pastoral communities
The Constitution defines a “marginalized group” as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the following grounds; including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
The Constitution defines a “marginalised community” as ;
1. A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; or
2. A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; or
3. An indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or
4. Pastoral persons and communities, whether they are nomadic or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.
The constitution of Kenya defines an ‘adult’ as an individual who has attained the age of eighteen years. For the purpose of determining rights accruing to the youth, there is need to appreciate that the constitution regards youths as adults and thus;
• Each youth has the right to ownership, access and control of land and property.
• Though the right to inherit from their parents is discretionary, in the event of inheritance by the siblings, both daughters and sons have equal rights.
Orphans have the right to access and use their parents land and property whether or not it is held in trust by an appointed and responsible adult member of the immediate family. Upon reaching the age of 18, they have the right to be registered as the rightful owners of land and the properties previously held by their deceased parents.
A ‘child” means an individual who has not attained the age of eighteen years in Kenya. Generally, children cannot own land or property in their own right as children. However, land and property can be held on trust for their benefit and use.
• Women have a right to acquire and own land whether individually or as a group.
• Daughters have the right to inherit their parents’ land and property.
• Women have a right to be elected and or appointed into land governance institutions.
• Married women have the right to joint ownership of land and property acquired during marriage.
• Married women have the right to transact on land in consultation with their husbands and vice versa.
• Widows have the right to inherit their deceased husband’s land and property.
The spouse will not only share benefit but liabilities on the matrimonial property.
Any liability incurred by a spouse before the marriage and relating to the property shall, after marriage, remain the liability of the spouse who incurred it. If the property becomes matrimonial then it shall be equally shared by the spouses and unless they otherwise agreed .The law states that parties to marriage shall equally share the liability incurred during the subsistence of the marriage for the benefit of the marriage or reasonable and justifiable expenses incurred for the benefit of marriage.
The husband or wife may acquire beneficial interests that are equal to the amount of contribution made by the spouse.