When death claims a husband, culture claims the widow's land - Jane Abongo's case
In pre-independence Kenya, women were not allowed to own land; however, legal reforms now allow them to have equal inheritance rights.
What you need to know:
- Rural women face systemic challenges in inheriting land due to cultural beliefs and administrative failures.
- Widows like Jane Abongo struggle against bureaucratic errors and family resistance to secure their rightful property. ,
- Grassroots efforts and legal reforms are emerging to address this issue, but progress remains slow.
Jane Abongo's weathered hands clutch a bundle of papers as she makes her way through the streets of Homa Bay Town. At 64, this widow from Kamenya Village has become a familiar face at the local lands office.
For two years, she has been fighting a silent battle – one that threatens to rob her of her rightful inheritance and the very ground beneath her feet.
"I was surprised when the documents came bearing different names from the ones we forwarded," Jane recalls, her voice tinged with frustration.
Her story is not unique in this corner of Kenya, where women's land rights are often trampled by a toxic mix of cultural beliefs, administrative failures, and outright deception.
Widow's plight
Jane's troubles began in 2022 when her family agreed to divide the land of her late husband. As the first wife, she expected a fair share. Instead, she found herself embroiled in a bureaucratic nightmare. The title deed she received was for a barren plot, while the land where she had invested – building rental houses and planting trees – was mysteriously assigned to a co-wife.
"I believe someone intentionally altered my name with another person's name," Jane says, her determination unwavering. Her case mirrors hundreds of others where women, especially widows, find themselves dispossessed of their rightful inheritance.
A systemic problem
Homa Bay County Commissioner Moses Lilan acknowledges the widespread nature of these disputes.
"There are a lot of cases of land disputes involving families in the region," he states.
"Some cases have resulted in deaths and injuries when people fight over property."
Moses points an accusing finger at local chiefs, who play a crucial role in the succession process. These administrators are tasked with helping the government identify legitimate heirs to deceased persons' properties. However, some are accused of colluding with family members to deny women their rightful inheritance.
"Chiefs should not put personal interests on land," Moses warns.
"Let all chiefs write the rightful beneficiaries of the property of the deceased. We are witnessing cases where people fight because chiefs are misadvised."
The problem is particularly acute in areas like Ndhiwa, where some chiefs reportedly omit women's names when compiling lists of beneficiaries. This practice leaves widows and daughters vulnerable to disinheritance, despite legal protections.
Cultural barriers and legal ignorance
Millicent Adhiambo, advocacy lead at Habitat for Humanity Kenya, highlights the root causes of this crisis.
"Women are kept in the background when land matters are being discussed and their opinion never counts," she explains.
"Most widows in the area were found not to own any land despite their husbands having been the original landowners."
A recent assessment in Ndhiwa revealed widespread ignorance about land ownership processes, especially succession. This knowledge gap, combined with entrenched cultural beliefs, creates a perfect storm for disenfranchisement.
"Some people still believe that women are not entitled to property ownership after their husband dies," says Ndhiwa Principal Magistrate Everline Onzere. "The land the couple co-owned ceases to be hers and is automatically transferred to the in-laws."
Jane Abongo when she spoke to nation.africa at Homa Bay lands office.
In response to these challenges, various stakeholders are taking action. Habitat for Humanity Kenya recently organised a three-day land clinic in Got Kojowi, bringing together land experts, government officials, and community members to discuss land ownership issues.
"We want community members to have increased awareness about land and increased access to title deeds," Millicent explains.
"Specifically, we want women to know their rights to land ownership."
The Judiciary is also adapting its approach. Court-annexed mediation has been introduced as a way to resolve land disputes more efficiently. Mediators work with parties to find solutions within 60 days, potentially reducing the backlog of cases in the formal court system.
Education and empowerment
Magistrate Everline emphasises the need for women's active participation in land matters.
"Women should actively take part in land issues including sale and ownership," she advises.
"Men should inform their wives whenever their families intend to sell land."
Training initiatives for chiefs have also been implemented, focusing on proper procedures for documenting family relationships during succession cases. This education aims to reduce instances of women being overlooked or intentionally excluded from inheritance.
A wider movement
The struggle for women's land rights extends beyond Homa Bay. In neighbouring Siaya County, widows have taken matters into their own hands, drafting the Widows Protection Bill. This proposed legislation aims to safeguard women against retrogressive cultural practices, including unfair land inheritance customs.
These grassroots efforts, combined with increased awareness and legal reforms, offer hope for women like Jane Abongo. However, the road ahead remains challenging.
The human cost
Behind the legal battles and policy discussions lie countless personal tragedies. Women driven from their homes, families torn apart by greed, and generations of poverty perpetuated by unequal inheritance practices.
Ndhiwa Deputy County Commissioner Ahmed Somo summarises the situation starkly: "When land disputes take long, some families resort to violence, leading to increased conflict."
For Jane Abongo and many others, the fight continues. Each trip to the lands office, each confrontation with resistant family members, is a step in a larger journey toward equality and justice.
As Kenya grapples with these deep-rooted issues, the stories of women like Jane highlight the urgent need for comprehensive reform – from grassroots education to high-level policy changes.
The battle for women's land rights is not just about property. It's about dignity, economic empowerment, and the fundamental right to security. As awareness grows and more voices join the chorus for change, there is hope that the next generation of Kenyan women will inherit not just land, but a more equitable society.
For now, Jane Abongo stands firm, her resolve unshaken.
"I will protect my land by all means," she declares, echoing the determination of countless women across Kenya. Their fight is far from over, but with each small victory, they pave the way for a future where inheritance is a right, not a privilege, for all.
