Over the past decade, Kenya has enacted laws like the National Land Commission Act, 2012 and the Land Registration Act, 2012 that entrench all principles of gender equality in access to land.
Women in Kenya, as in other developing countries, are denied full enjoyment of property and land rights despite the government’s professed commitment to promoting gender equality.
A Human Rights Watch report says: “Husbands hold all the power in the marriage and it will be futile for the wife to insist on having her name on the property.”
This is the reason why many women in our communities do not own land. Husbands, fathers and brothers—the male family members—are the ones who own and control land while women only have the right to use it. Our women are still disadvantaged in terms of accessing land.
Myriad cultural, social and traditional barriers hinder women’s access to justice and owning land. And they seek relief from the court in vain.
Cultural beliefs is one of the issues that compromise women’s ability to own, manage and control land and property. Some communities believe women are untrustworthy; incapable of handling property and need male protection.
Besides, it is believed that sons should inherit land since they remain at home while their sisters get married and leave home.
Besides, women experience multiple barriers to accessing land sue to major obstacles such as fear, lack of awareness of rights, cost of legal proceedings and discrimination.
Other difficulties include long distances to the courts and inadequate access to relevant information, negatively impacting the ability of women to access land.
The government has a long way to go to make the right to inheritance a reality for all women. It must uphold the principles of equality and non-discrimination, which are an integral part of the Constitution.
It should guarantee women and men equal rights, including taking steps to ensure equality in land control and ownership.
The government should provide accessible legal information and advice and ensure it reaches marginalised groups, especially rural women and girls.
Shekinah Glory Odari, Vihiga
Culture is cited as the leading cause of violence against women. Some men subscribe to outdated traditions—like battering a woman being seen as a way of discipline and, thus, acceptable.
Financial insecurity is another factor. A man’s role is established as that of a leader and provider; failure triggers physical abuse.
Violence against women and girls has no bounds. And no country is immune. It puts at risk not only their health but also their ability to learn and grow into adults who can create sound families and communities.
