Imagine being a young girl in rural Kenya, where every month brings the dread of menstruation not because of the biological process, but because of the insurmountable obstacles it presents.
Picture missing school regularly, falling behind in your studies and facing social stigma—all because you cannot afford basic sanitary products. This is the harsh reality for many girls and women across Kenya, a reality that could become even more challenging if taxes on sanitary products and other health essentials are imposed.
The government has made commendable efforts in the past, committing to the distribution of sanitary pads in schools. However, despite these initiatives, many girls continue to resort to unhygienic methods and materials to manage their menstruation.
This not only jeopardises their health but also their dignity and education. The persistent use of unsanitary practices and the frequent school absenteeism indicate the insufficiency of current measures. The deeply ingrained customs and beliefs and socioeconomic hardships, exacerbate the problem, leading to a distressing trend where girls from low-income families drop out of school entirely.
The Constitution explicitly guarantees the inherent dignity of every person (Article 28), equality and freedom from discrimination (Article 27), the highest attainable standard of health (Article 43(1)(a)) and economic and social rights (Article 43).
These constitutional rights form the bedrock of a just society, emphasising the protection and empowerment of all citizens, especially the marginalised. Imposing taxes on sanitary products directly contravenes these principles by placing an additional burden on those least able to bear it.
In Kenya, where 97 per cent of sanitary pads are imported and the locally produced ones are of inferior quality, the implications of increased levies are dire. Already, 65 per cent of Kenyan women and girls cannot afford sanitary towels. This statistic is not just a number—it represents the millions of lives disrupted by something as fundamental as menstruation. For many, the inability to access these products forces them to seek help from sexual partners, creating a difficult power dynamic and exposing them to exploitation and abuse. In the most desperate cases, some women engage in transactional sex just to obtain the necessary menstrual supplies.
Furthermore, this situation emphasises a broader societal failure: the intersection of poverty, gender inequality and inadequate health services. The high level of poverty and the ineffective management of sanitary product distribution programmes mean that many families cannot provide these essential items for their daughters. This perpetuates a cycle of disadvantage and diminishes the prospects of young girls who deserve an equal chance at education and personal development.
Taxing sanitary and other health products would only exacerbate these issues. It would place a disproportionate burden on marginalised women and girls, further entrenching the barriers to their education and overall well-being. The economic strain would force more women into dependence on men, eroding their autonomy and dignity. The resulting health risks from using substandard or improvised menstrual products could lead to serious medical conditions, increasing the demand for healthcare services that many already struggle to access.
Moreover, taxing these products would deepen the inequality that Article 27 of the Constitution seeks to eliminate. It would signal a step back in the fight for gender equality and the empowerment of women. It would also undermine the right to the highest attainable standard of health guaranteed by Article 43(1)(a), as menstrual health is an integral part of overall health and well-being.
We call on the government to reconsider any measures that would increase the cost of sanitary products. Instead, efforts should be directed towards making these essential items more affordable and accessible. Investing in local production, improving the quality of locally made pads, and enhancing the distribution programmes are critical steps in ensuring that every girl and woman in Kenya can manage her menstruation with dignity.
We must recognise that menstruation is a natural process that should not be a source of shame or disadvantage. It is a matter of health, dignity and human rights. Let’s ensure that sanitary products remain affordable and, that we uphold the constitutional guarantees of dignity, equality and the right to health. We must empower women and girls, allowing them to pursue their education and ambitions without the monthly dread of menstruation.
The true cost of taxing sanitary products is not just economic; it is measured in the lost potential, compromised health and diminished dignity of millions of Kenyan women and girls. Let us not place a price tag on their futures. Instead, let us commit to policies that protect and uplift, ensuring that every woman and girl in Kenya can live with dignity and equality.
Communication specialist and human rights defender, [email protected]