“I hope that these laws will offer protection to widows," remarked Elida Anyango from Kogelo in Alego Usonga Sub-County, Siaya County, in reference to the Widows Protection Bill set to be tabled before the regional assembly next week.
In a battle for ownership of her plot of land, Ms Anyango finds herself pitted against not only her in-laws but also influential figures within her community.
Illiterate and unaware of the intricacies of land succession, she has become a target for her in-laws, who, aided by local authorities, coerce her to relinquish her rights to the piece of land.
A portion of her cherished land - her main source of food - has already been sold off, leaving her with only a fraction of what her husband left.
Despite her resilience, the weight of these battles has begun to wear her down, leaving her exhausted and uncertain of her future.
Amidst the turmoil, her determination remains steadfast as she continues to fight for what is rightfully hers.
“Sometimes when I am out, they invade and destroy my small kitchen garden leaving it in a total mess. I have lost many things, it seems the law is for the selected few,” Ms Anyango remarks resignedly.
Her husband’s family had acquired the piece of land where her house stands in exchange for two cows. Therefore, there was no proper documentation.
Ms Anyango is in her early 70s, although the turbulence of life makes her appear older. Hers is a life plagued by endless distress.
Anyango’s woes are a mirror of what most widows in Siaya County have to go through at the hands of their in-laws.
This has influenced the drafting of The Widows Protection Bill, which is due for tabling before the Siaya County Assembly on May 7, 2024.
The proposed law seeks to establish the Siaya County Welfare Committee for the protection and maintenance of neglected, abandoned and destitute widows and also to form the Siaya County Widows Welfare Fund.
While presenting the draft to the County Executive Committee Member for governance, Agunda Ochanda, the Executive Director of Rona Foundation, Roseline Orwa, appealed to Governor James Orengo’s administration to protect the widows from retrogressive cultural practices.
“We plead, as widows from Siaya County, to the governor to have the will of acting. This Bill may be passed by the legislative wing which is the assembly; however, the executive is the implementer. Without goodwill we shall achieve nothing,” said Ms Orwa.
Ms Orwa decried the sorry state of widows both in urban and rural areas. “Widows are living with bottled-up tears. Even before they complete mourning their husbands, the shackles of culture expose them to unexplained pain,” she lamented.
She further explains, “These widows are strong, they have endured immeasurable pain to reach this far. There are some cultural practices that strip women of their dignity and value in society. If passed and implemented, it will lessen the burden.”
The proposed regulation is aimed at protecting widows from perceived retrogressive cultural practices that they are often subjected to upon the death of their husbands.
“There are widows who are forced into inheritance, when they resist they are treated as outcasts. In most cases, they are forced to engage in sexual intercourse. This amounts to rape. It is sad to say that some widows are raped and in the process contract HIV and other Sexually Transmitted Infections,” says Ms Orwa.
According to Luo culture, a woman who loses her husband is supposed to be inherited by her in-laws to take care of her and the orphaned children.
Wife inheritance, according to Mzee Joshua Owino of Asembo in Siaya County, was meant to protect widows and not to mistreat them.
“Inheritance was not intended to demean the widows. On the contrary, it was supposed to keep the deceased’s home strong and preserve his lineage.
Culturally, only the brothers of the deceased husband would inherit his wife. In case that was not possible then a close relative, probably a cousin, would be allowed to step in,” explains Mr Owino, a retired teacher.
He further points out that, “Wife inheritance was also supposed to keep away sex pests."
Naturally, after a man dies and leaves behind a young wife, suitors from all walks of life hover around his home with the hope of winning the widow.
Even so, according to Mr Owino, the culture was later corrupted after inheritors misused the wealth and mistreated the widows.
“Whatever destroyed the culture was selfishness exhibited by some of the men who inherited the widows; they would assault them, mismanage the wealth left behind and on some occasions even kill the widows. This law is therefore timely and well-intentioned, we need order,” he said.
The policy is also set to ensure that the widows’ right to inherit property or shares - in case of joint ownership - is respected.
Many widows have been thrown out of their matrimonial homes after the death of their husbands, as Scholastica Madowo, a widow and MCA for South East Alego Ward in Siaya County, points out.
“It’s sad because some in-laws frustrate the widows. They forcefully take away the property that the man owned leaving the widow and children with nothing. This happens all over the country, not only in Siaya, this policy will outlaw such vices,” she noted.
Ms Madowo alleged that there were more widows in South East Alego than women with husbands, yet the society has continuously demeaned them.
“In Dholuo, a widow is referred to as 'chi liel' translated as the wife of the grave. This is demeaning and a constant reminder to the widow that her place is limited because she is a wife of the grave. We must decolonise our minds and use alternative names,” she says.
Other than the forced wife inheritance, the policy also seeks to outlaw the mandatory shaving of hair using a razor blade by widows upon burying their husbands.
Culturally a woman was supposed to shave her hair clean to signify a new beginning after the demise of her husband.
Assuming a state of contamination upon losing a husband locally known as ‘Gak' , drinking of concoctions, forced wailing and taboo practices such as not shaking hands, and isolation are among the many demeaning practices that the Bill seeks to cure.
“There are some practices that have stagnated widows for years; culturally a widow who is not inherited is not allowed to repair a leaking roof. They are not even allowed to farm or harvest. The widows have really suffered for long, it is enough and this bill will protect us,” added Ms Madowo.
Other than the establishment of the Widows Welfare Committee for Protection, the Bill will also seek to establish the County Directorate of Widowed Persons.
It shall assess and review all county policies relating to widows and may make appropriate recommendations, implement decisions of the committee, and advise the county government on matters relating to the welfare of the widows.
To devolve the services closer to the people, the proposed law has a provision for the Ward Widows’ Welfare Committee in all the 30 wards in Siaya.
Ward committees will ensure they reach all widows at the grassroots level. Both the county and ward committees will have widow representatives.
There shall be the Establishment and Administration of the Siaya County Widows’ Welfare Fund which will finance the operations. Funds will come from County Assembly appropriation in the budget, grants, donations, money from investments, gifts and other lawful sources.
