December, 2011 Strength of a

WomanSpecial Edition: Women, Land & Property Ten sisters lose land to State By Becky Kimani right to make such decisions,” observes Warigia. ast year, Irene Mwangi and She argues that the Ministry of her nine sisters owned eleven Lands failed to go through the proper acres of land in the fertile channels in procuring the land. She is rich Subukia area of Nakuru appealing to the court to cancel the District.L entire transaction that resulted in their Yet, they lost it in a flick of a land being sold off to the government. moment as the government turned The sisters met stiff opposition them into squatters in favour of from the more than 75 squatters who internally displaced persons. are mainly from the Pokot and Kamba They were thrown off the 750-acre communities who have vowed not to piece of land after their elder brother, leave the land.They are now appealing Phillip Kamau Njoroge, who was left in to the Government to remove the IDPs charge of administering the estate by from their property. their late father, disposed of it without their consent. Interim orders “We only heard on radio that The ten women have obtained internally displaced people (IDPs) interim orders stopping the were going to be taken to our land and Government from resettling IDPs on when we arrived on the scene, we were their land in Subukia Constituency. chased away,” says Mwangi. The eight sisters, their sister- in-law and a niece have obtained Horror orders against the Attorney General She watched in horror as more than and the Permanent Secretaries 265 families were moved from Pipeline in the ministries of Lands and IDP camp in lorries and ferried to the Special Programmes seeking to stop grounds, where each was allocated a resettlement of 265 displaced families two and a quarter acre plot. on the land. The elated IDPs, who after staying They have also instructed their for more than four years in a tent, lawyer to seek a court injunction on were disappointed to learn that they grounds that their property was sold were being settled on disputed land, fraudulently. The women claim that a matter which they would not take they inherited the land after the death lightly. of their parents and have produced This led to a bitter exchange of a grant issued by the High Court in words between the IDPs and girls with Nakuru in December 1997 as proof. the former being adamant that they The eight sisters received 16.2 would not vacate the land. acres of land each while their sister-in- The ten siblings who claim that law, Mary Wangari, inherited 80 acres they were allocated 240 acres of the from her husband after his death. land, disowned the sale. “We were not consulted when our Petitioners share was sold,” says Mwangi, who was Her daughter, Peninah Wangui, accompanied by her seven sisters. who is also one of the petitioners in Zipporah Warigia, one of the sisters, the case, inherited 30 acres of the How would you like your land served says that she has been instructed by farm. The eight sisters are Wangeci resettlement of the displaced persons, up ma’am? Just a dish of a title deed, the District Lands Board to collect the Mburu, Winnie Muthoni, Damaris Riri, ordered that the ‘squatters’ be moved this woman seems to say as she cash for the land that was sold, which Ziporrah Waringa, Mary Nyambura, out of the land as soon as possible. harvests tobacco. We will get there! A He denied being aware of any she says was against her will. Harriet Wanjiku, Irene Kanyi and Loice majestic she-herder, agrees. And for the “It’s forbidden in the Bible to Wanjiku. The ten women all own 239.6 disputes on the property which was desperate Kenyan women IDPs, land is sell inherited land, yet our brother is acres of Ndonga farm. procured by the Lands Ministry. the only way. forcing us to do so. It’s unfair that we Director of Settlement Moses Attempts to reach Njoroge for a — Pictures: genderlinks.org.za and as women are still not being given the Akaranga, who had presided over the comment were futile. Correspondent Strength of a 2 Special Edition: Women, Land & Property Woman December, 2011 Eviction notice sparks crisis in lake region settlement schemes By Ajanga Khayesi ama Alice Juma including relating Kenya’s from Muhoroni most famous production of town is desperate sugar, not much has been as she grapples done to develop the area or withM difficulties in life after a eradicate extreme poverty developer issued her with an among the residents. eviction notice. While her three children are Clusters happy to be born here, Alice With parts of the who has lived on the land since deprived villages situated 1979 wishes that the village was in the sugarcane zones better recognised under the of Chemelil, Miwani and new Government policies. She Muhoroni, as well as those is considered a squatter in her situated in the fertile Koru own community. Hills, small clusters of huts Relatively old enough to and cattle kraals stand recall events, Alice, 50, admits scattered on the expansive that her age has witnessed land. challenges among land invaders, As Alice worked over her developers or intruders. young maize plantation to However, the greatest challenge uproot weeds on her small that she is now facing is that acreage farm as it is planting of acquiring a title deed for the season in the area, a group parcel of land she occupies in of men walked hurriedly Muhoroni. into her compound to Allegations of irregularities deliver an eviction notice. in the land registration process “If evictions are has sparked off land crisis executed, the county would in the lakeside region where be facing another group of over 4,000 residents are facing Internally Displaced Persons eviction in Miwani, Chemelil, (IDPs), a situation which Muhoroni and Koru areas. may take long before durable Other affected persons in the solutions are found,” she eviction saga are Jacob Osida of observes. the Nyando Human Rights Koru, Patrick Ojwang (Koru), According to Alice, the Advocacy and Development Peter Odhiambo (Fort Ternan), current number of expected (NYAHURIADEN). Wilson Chelegoi, Odongo Obare evictions in the township is Leading lawyers from and Joshua Ochola among large, though patterns are Kituo Cha Sheria went to the others. They are all challenging fluid and accurate data may be homestead which she claims land rights through Muhoroni higher than what is being seen her late husband Joseph Juma Division Squatters Association. on the ground. Ochola was buried 15 years ago, Having no one to turn to, leaving behind four children and Poverty Alice sought legal advice from several grandchildren under her Sandwiched between the Kituo Cha Sheria through care. The compound has now vast sugarcane farms and been fenced off by Muhoroni Muhoroni Sugar Factory, Farmers Co-operative society. lies old ironed roofed but dilapidated houses, Free legal services enclosed with a handful “Started in 2006, as a maize plantations, which is non-profit and non-political Top: Mama Alice Juma’s two of her three children walk an indication of the rate of organisation, Nyahuriaden home after assisting at the family farm. The children poverty in the area. arose out of the need by will become vagabonds if they are evicted. Below: Our As travellers plying the residents of Nyando District land, our life: An official of Kituo cha Sheria, Nyando Kisumu-Nairobi railway pass for legal aid in matters Branch consults with squatters over the pending through the township, little of governance access to eviction. — Pictures: Ajanga Khayesi do they know that some justice as well as promotion residents living in Muhoroni and protection of human The caseload includes notice in 1993 after developers town are challenged with rights,” says Judith landowners and farmers, destroyed farm crops such as expulsion from owned “If evictions are Ochanda, coordinator of the some of whom still live on the sugarcane, cassava and maize. parcels of land? organisation. formerly white settlers’ parcels “The Chief Magistrate’s “Long standing disputes executed, the county Bringing free legal of land; migrant workers on the court in Kisumu ruled that the over land ownership have services closer to the sugarcane farms and business status quo be maintained on the taken shape since 1963. would be facing residents who really need, people in the urban centres of disputed piece of land,” explains The disputes followed the particularly the poor and Muhoroni and Chemelil. Ochola. white settlers in the area another group of marginalised members of Muhoroni Settlement “However, land invaders and the new government the community, the justice Scheme was meant for those are up in arms against the at independence in an Internally Displaced centre has held clinics, whose parents worked for the peasant man because the area agreement that the Persons (IDPs), a capacity building and human white settlers “but none of us is developing industrially and European had at will rights awareness in the has got a title deed or allotment is agriculturally fertile,” notes owned parcels of land situation which may lakeside region. letter from Ministry of Lands, Patrick Ojwang. to Africans to settle on,” To lift the living an advantage favouring land Rusi Chelangat whose explains Joshua Ochola take long before standards of the community invaders,” says Joshua Ochola, parents worked for 13 white of Muhoroni Division in Nyando through holistic secretary to the squatters settlers in the area, is among Squatters Association. durable solutions are and integrated approaches association. those facing eviction. She For a village steeped in to development, the centre According to Ochola, the says her parents died before rich familial and cultural found.” hires lawyers to defend land squatters appealed in the processing land ownership agriculture practices — Mama Alice Juma eviction from Nyando. law court against an eviction documents. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 3 Why the special edition on women land and property rights and is a critical economic particularly faced severe difficulties or separation or lack of control over also geared to ensure that women get and social resource. It is in accessing land rights, use and property by married women. into land administration bodies as both a sign of wealth as ownership. Women in Kenya constitute 80 well as dispute resolution forums. well as a symbol of cultural Women’s rights to property have per cent of the agricultural labor Despite these provisions, women’s belonging.L In Kenya, issues regarding in the past been unequal to those of force and provide 60 per cent of rights to land remain one of the most land have therefore remained sensitive men. Their rights to own, inherit, farm income, yet own only five per contested issues in Kenya, and this and complex. Most communities and manage, and dispose of property cent of the land. The devastating came apparent during a project by individuals regard land as a basic have been under constant attack effects of property rights violations - UN Women on women land rights and factor in the attainment of economic from customs, laws, and individuals including poverty, disease, violence, property ownership where throughout independence and poverty reduction. - including government officials - and homelessness - harm women, the country the women told their Land is also a cultural tool which who believe that women cannot their children, and Kenya’s overall untold stories on their experiences defines a people and identifies them in be trusted with or do not deserve development. with the issues of land. the context of things. property. The country is replete with Both the National Land Policy In this special edition on Women Throughout the history of anecdotes of widows chased from and the 2010 Constitution of Kenya land and property rights, the Strength Kenya, land has remained a very their land by in-laws or forced to guarantee women’s rights to land of a Woman, a product of the African sensitive issue for different reasons engage in risky traditional practices laying particular emphasis on the Woman and Child Feature Service is for different people – among them involving unprotected sex to keep rights of women to matrimonial again bringing you the untold stories being that land is used as a currency their property; daughters denied or property, rights of widows and of women, marginalised groups, to buy and sustain political support, allocated unequal land inheritance rights of pastoralist women to challenges with the COK2010 and a source of livelihood, a collateral compared to their brothers by their land. Provisions requiring the land policy and the need to connect for credit facilities, and measure parents; unequal distribution of representation of both genders in the dots on issues with land using for male achievement. Women have matrimonial property upon divorce elective and appointive positions are practical experience.

Forcefully sterilised woman: “They evicted me from my farm because I had no uterus” By OMWA OMBARA

t was at the age of eleven one child, in vain. She is now husband from her salon savings when in class five and 50 and has moved from one of over 15 years. However living with her parents in gynaecologist to another in vain she was later to discover that Mtwapa, Mombasa that in the search for a baby. “For her husband had registered MaryI Juma had her periods several years I ran tests that the property in his brother’s for the first time. When she consistently indicated that my name. His brother is a matatu informed her mother, instead tubes were blocked. I then went conductor in Kericho. of counselling her and showing for a surgery to unblock the But Juma continued her how to use sanitary towels tubes but I would still not get clinging desperately to hope she became hostile and started a baby. After the surgery at a when after the surgery the interrogating her on how many private hospital, I never had my doctor told her he had good “They sterilised me at the men she had slept with and if periods after that. news for her. “You are a very clinic without my consent at those were really her periods or At one stage in her lucky woman. I did not remove an attempted abortion. desperate pursuit for a child, the uterus, I found the fibroids a tender age and now I have Juma had no boyfriend at one doctor diagnosed that she had not grown on the wall but the time and she did not know had fibroids. She was admitted somewhere safe,” he told a to pay this painful price of much about sex apart from at a Women’s Hospital in delighted Juma. what her parents had once told Nairobi where she paid KSh100, Many years have come and having to live without a baby, her, that babies dropped down 000 for the surgery. gone no baby has come. She from heaven. “The doctor told me I was has tried to sleep with as many so painful.” sterile and that having a uterus men as possible to get pregnant — Mary Juma Twenty years was not even necessary. He but the bitter reality has finally Juma’s mother immediately informed me that he would set on her – someone made her rushed her to a local clinic remove the fibroids and the sterile and it was definitely at a new Constitution gives Juma says the new where the female nurse, uterus as well as it was not hospital. She now lives in a room women power to challenge Constitution is the greatest questioned her about her sexual performing any useful function. in Kibera as she finds a client discrimination and injustices thing that has ever happened life and injected her with a When my husband heard that once in a while to do her hair. against women who have been to childless women as it makes family planning drug to “stop my uterus was about to be But she can hardly live on that. sterilised against their will and them part of the society and her from roaming the world like removed, he never came back Her husband never forgave denied an opportunity to have allows them to inherit land from a wildcat.” From then on, Juma to hospital. Instead he called her for her barrenness and children. the in-laws. has never had children and the whole family for a meeting married a more fertile woman. “Most land in the community “Who knows? Although my deep in her heart she believes and I was decared a “No uterus “They sterilised me at the clinic is passed on to children and former husband’s brother holds that that tragic injection sealed useless woman”. without my consent at a tender women are only custodians the title deed to my land which her fate. age and now I have to pay this for their sons till they attain we acquired with my husband, Despite a well-attended Disowned painful price of having to live the age of 18. Since I have no maybe something somewhere wedding that saw her move to The family evicted her without a baby, so painful,” son, I cannot own land. Giving will happen and I can get my Kawangware slums in Nairobi, from their four-acre farm she told Strength of a Woman me a piece of land would be a land back. I can then adopt the salonist has tried for the in Kawangware, a plot she during the interview. total waste as I am considered two sons and a daughter and last 20 years to have even had bought jointly with her Juma is happy that the useless.” give them my land. Strength of a 4 Special Edition: Women, Land & Property Woman December, 2011 Reforms critical to women’s well-being By Priscillah Nyokabi

and is at the core of Kenya’s political, social and economic problems. It was identifiedL as an issue that will require total legal and policy reforms under Agenda IV — long term issues — of the Kofi Annan-led Kenya National Dialogue and Reconciliation Project. Therefore, Chapter Five of the Constitution in Article 68 requires the passing of revised and consolidated land related laws 18 months from the effective date of the new Constitution. In an agrarian country like Kenya, land is central to economic and social life. Women are also central to economic production in the agricultural and livestock sectors, contributing almost 80 per cent of the workforce in these sectors. Nevertheless, women hold only one per cent of registered land titles in their own names and another five to six of registered title deeds are held in joint names. Access It is appalling that women who consist of 50 per cent of Kenya’s population rarely own any reasonable forms of property, land included. They do not have facilities, women face a variety of bu- institutions that make decisions on months from the date when the Constitu- adequate access to the same and do reaucratic hurdles from the formal sec- allocation of land rights. tion entered into force, that is, by Febru- not even participate in making major tor. Financial institutions, for example, Why the Bill ought to be passed ary, 26, 2012. require a form of collateral before they together with the land bills Considering the Article 68 require- decisions pertaining to the allocation and advance credit. Such collateral includes Under Article 68 of the new Constitu- ment, it is unlawful for the organs in- use of property in land. land, savings or capital goods, most of tion of Kenya, Parliament is obliged to volved in the preparation of the laws for Women’s right to land is a critical which are unavailable to an overwhelm- enact an array of legislation related to the implementation of the new Constitu- factor in status, economic well-being and ing majority of women. land. The legislation, aimed at dealing tion — principally the Kenya Law Reform empowerment. Land is a basic source of The many abuses suffered by women with historical social, cultural, economic Commission, the Attorney General, Par- livelihood providing employment and it in respect of land rights largely flow and political problems relating to land in liament through its Constitution Imple- remains a major determinant of a farmer’s from the legal framework. Currently, Kenya, includes legislation to “regulate mentation Oversight Committee, and the other productive resources and services. there are over 75 laws governing land the recognition and protection of mat- Commission for the Implementation of Land is also a social asset, crucial which when taken together create an rimonial property and in particular the the Constitution — to process the Mat- for cultural identity, political power outdated, obscure and needlessly tech- matrimonial home during and on the ter- rimonial Property Bill in the traditional and participation in local decision- nical regime. Many of these laws are ob- mination of marriage”. law, that is, together with the family and solete, while others conflict, supporting The implication of Article 68 marriage related laws. making processes. Women’s access to different land regimes within the same requirement is that the Constitution now What Constitutes Matrimonial other natural resources, such as water, area. The problem is compounded by demands that the issue of matrimonial Property? firewood, fish and forest products — the poor state of land records and cor- property shall be part of the land The Matrimonial Property Bill, 2011 crucial for security and income — is ruption in land registries. discourse and legislation thereon shall will replace the Married Women Prop- dependent to their access to land. be processed alongside the other land- erty Act of 1882. It defines “Matrimonial In law and practice, Kenyan women Abuses related laws. This is a departure from property” as the matrimonial home (s); rights to property trail those of men. Without addressing land issues, espe- the past, whereby matrimonial property household goods and effects in the mat- Their right to own, inherit, manage and cially the gender-related inequities, the issues were lumped together with family rimonial home (s); immovable property dispose of property are under constant new land laws would be incomplete and and marriage-related laws. owned by either spouse which provides attack from customs, laws and individuals unable to solve the vexing, longstanding The grouping of matrimonial property the basic income for the sustenance of including some public officials who land grievances. Therefore, the proposed law in the land law category brings in a the family or any other property acquired number of advantages. First, the issue of during the subsistence of the marriage, believe that women cannot be trusted land laws must generally: Translate the broad constitutional regulating matrimonial property through which the spouses expressly or impliedly with or do not deserve to own property. principles in Chapter Five (Land and En- legislation escapes from the controversies agree to be matrimonial property. Any The devastating effects of property vironment) and the National Land Policy and delays associated with the family and property held by a spouse as trust prop- rights violations including poverty, into tangible legal provisions promoting marriage related laws. erty whether acquired by inheritance or disease, violence and homelessness women property rights in land. It is imperative to note that efforts to otherwise shall not form part of matrimo- harm women, their children and Kenya’s A mechanism for gender equity pass appropriate marriage laws in Kenya nial property. economy on the overall. in the envisaged land re-distribution have stalled for decades, due to con- However, spouses may by agreement Gender discrimination is one of the of irregularly acquired land and troversies over certain aspects thereof. entered into before or during the factors hindering sustainable land use resettlement programme proposed in the Second, the Article 68 laws — including marriage, exclude any property which in Kenya. While Kenya has no law pro- National Land Policy. the matrimonial property law — are time would otherwise be regarded as hibiting women from accessing credit Entrench affirmative action in bound and must be in place within 18 matrimonial property from being such. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 5 Constitution offers platter for women to enjoy eality is beginning building. In Nairobi, a woman given a better hearing. to dawn on from the sprawling Kibera slums The above testimonies are Kenyans of the full said she has been locked in a just a drop in the ocean of what impact of women’s By Odhiambo Orlale land dispute for the past decade women’s empowerment can do, gainsR in the new Constitution, with an uncle who has refused thanks to the new Constitution especially as far as land is to surrender the title deed of and particularly political concerned. her fathers’ land which he held dispensation that favours them. Under the Bill of Rights in trust. What is remaining is for Article 40 and that of The media colloquium on women’s she expected to live with her However, all is not lost, there more women to take leadership Republic, Article 10 (2) (b) land and property rights family. However, this ended up are many women like the late positions in key decision-making on the National Values, states organised by AWC Feature being her ticket for divorce. Nobel Laureate Prof Wangari organisations and institutions that every Kenyan regardless of Services and partners, women’s From Teso County, a widow Maathai and freedom fighter as role models and use them to their gender has a right to own representatives shared with wept as she recalled how her Wambui Otieno who stood up for push the agenda to the next level land anywhere in the country, fellow participants some in-laws kicked her out of the their rights and succeeded. by networking with the likes and women have as much right unbelievable and shocking matrimonial home saying there Another success story was of Lands Permanent Secretary to own and even inherit their real life experiences touching was no land for her to inherit in from Taita-Taveta County in Dorothy Angote among others. family land as much as their on culture, matrimonial and their homestead. Coast Province where the first The district land boards brothers and uncles. property rights, religion, Similar harrowing tales woman to be appointed a chief would be a good start followed One year since politics and human rights. were reported by other women has used her office to support by membership in the promulgation of the new A woman from Garissa participants. In Nakuru County, and protect fellow women from parliamentary committees on Constitution, more and more County broke down as she a business woman lamented being harassed and disposed off land and environment among women are coming out and narrated how her husband how she has been rendered their family land. others. speaking openly about their divorced her for defying Somali an internally displaced person In Narok, a woman member Time has come for women rights and going a step further culture. The woman had (IDP) since the 2007-2008 post of the land board revealed how to take the bull by the horns to defend them. bought a plot in which she put elections violence after she was she has openly ensured that and enjoy the sweat of their During a recent national up a residential house where kicked out of her commercial cases of women and widows are labour and of their heritage.

Brothers charged with attempting to disinherit sister

By Nzinga Muasya

ince time immemorial, The brothers identified as Eric inheritance of land for women John, Timothy Mutemi and Douglas in Ukambani has been a thorny Kyalo were charged alongside the other issue. Women are generally not three youth with malicious damage seenS as potential land inheritors since to property. Appearing before Kitui it expected that they will get married. Principal Magistrate Afred Kibiru, they This, therefore, makes them have no say were charged that on September 17, in their father’s land. 2011 at Maluma Location, Kitui County Some fathers, out of goodwill might they destroyed the property of Agnes bestow land to daughters alongside Mumbanu Kinako valued at Sh1.56 their sons whether the girls are married million. or not. However, most of the female A grief stricken Agnes Mumbanu Kinako talks to The Strength of a beneficiaries of such land often find Suspects Woman at her farm. — Pictures: Nzinga Muasya themselves losing it to their male kin Except for one young man, the three when the father dies. brothers and other suspects denied the from their late father. The case is still and land and that as a woman I have no This is the scenario that played out charges. The brothers were released on pending in court. right to inherit any land from my father,” in Kitui County recently when a female a bond of Sh200,000 each and sureties The grief stricken teacher Mumbanu said amid sobs. secondary school teacher found herself of similar amount while the other three accompanied by officials of National She added that in the letter, her being evicted by her younger brothers suspects were remanded in Kitui Prison Environment Management Authority brothers, allegedly gave her 30 days to from a parcel of land bestowed to her by after failing to raise the bond. (NEMA) and the press toured the farm vacate the land threatening her with dire their late father. Kavili Mukunga who pleaded a few days later where she broke down consequences if she did not heed the The three brothers, reportedly in guilty was handed a three year jail and wailed uncontrollably after seeing warning. the company of other four hired men sentence without an option of a fine. how her investment of over 20 years had “I could not comprehend the invaded the farm of Agnes Mumbanu In his defence, Mukunga told the gone down in a flash. The damage was contents of that letter since these are my Kinako at Maluma Village in Kitui County court that he had been hired by the a chilling message that she leaves the real brothers and for 20 years they never in September where in a matter of three brothers to “carry out some duties” land. complained until our father died. When I minutes they cut down all trees in the but he did not know the farm belonged Kitui Central District Environmental tried to reach them, they were arrogant farm and dismantled a cowshed. to someone else. When the matter came Officer Boniface Mutinda described the and insisted that I leave the land first up for a second hearing in court, the act as callous noting that it was wrong before we can discuss anything else,” Felled brothers faced two more counts of for any person to cut down more than she said. Most of the felled trees were hybrid forgery with intent to disinherit their two trees without written authority from Mumbanu says that she has offered mangoes plants with sprouting fruits. sister of the land. the environment regulatory authority. money to her brothers for the land so Also felled were 178 species of Melia The alternative charges read that Mumbanu said she was given the that “as a family we can be at peace but Volkensii locally known as mukau, a on May 31, this year, they forged a seven-acre farm by her father 22 years they will hear none of it”. hardwood tree whose timber is in high signature of their late father Mutemi ago where she had made investments Mumbanu believes that she has demand. Banana, cassava and pawpaw Kamwaki and in October 12, 2009, they running into millions of shillings. None of every right to own and develop the land plants were not spared in the mayhem. forged a transfer letter of the disputed her brothers complained as they also got since she rightfully inherited it from her When she learnt of the incident, Maluma/Nzambani land to their company their share of land from their father. father, adding that her brothers are bent Mumbanu alerted the police who rushed named Dater Enterprise Limited. They “After our father died in 2010, I on arm-twisting to illegally disinherit her to the farm and arrested the three denied all the additional charges. received a letter from my young brothers of the land. brothers as well as the four youth, all of The court was told that the farm demanding that I vacate the land since I “I am at a loss. I can’t believe whom were armed with machetes, hoes belonged to their elder sister Agnes was already married. They claimed that this beastly act came from my blood and wood planks. Mumbanu having inherited the same they could not give my husband a wife brothers,” Mumbanu said amid tears. Strength of a 6 Special Edition: Women, Land & Property Woman December, 2011 No longer preaching to the choir

he importance of quality also the resettlement of widows and community involvement in orphans at local level. the land reform processes is not just a Kenyan Goodwill problem,T but a global reality for effective By Peter Ochola We are building on this goodwill and and meaningful socio-economic and acceptance in the community, to demys- political development. tify culture around land and property It has been established that the extent ownership, with the help of the custo- to which local communities are involved dians (local councils of elders). We will in decision-making processes as regards hitherto weak land policy are some of in our laws and practices the principals of also effectively use the new provisions land reform, its management, ownership the dynamics that have marginalised gender equality. The interventions are de- in the Constitution and the land policy and control, is linked to greater women from enjoying rights around land signed to facilitate strategic engagement to anchor this planned intervention and beneficiary satisfaction with services and, ownership and inheritance. forums at local level which will culminate strengthen these structures to be triggers therefore, a greater willingness to own The cultural perception of the role in the formation of a critical mass of wom- of change and not threats. We recognise and sustain the same. of women in relation to ownership of en and community leaders who are able that the indirect power and opinion held In Africa and other developing family property is central to any efforts take the lead in active participation and by these structures is very significant countries, land reforms and development to ensure the equal benefit by all from also act as catalysts in promoting and pro- and cannot be ignored. That is why their efforts fail to have the impact intended, family resources. The treatment of tecting women’s access and ownership to knowledge and education of not just the as grassroots communities and more women as users and not owners of family land and property. cultural context, but also the current land specifically women, have a weaker voice property has increased the vulnerability Because we are no longer “preaching reform framework is critical. in policy making due to their poverty, through the instances of denial of their to the choir”, the Caucus for Women’s The Caucus for Women’s Leadership distance from policy makers, and wide customary rights to be joint beneficiaries Leadership has identified key opinion has already established women cultural stereotypes and practices, which of family property. The human right to shapers and custodians of both culture outreaches, (the Women’s Regional inhibits them from active land utilisation equal treatment is, therefore, violated and and religion as an entry point for this Assemblies) located at the constituency as far as ownership, access and control the customary right to fully participate campaign. These include local councils and county levels. The Women’s Regional are concerned. in the benefits of family property is also of elders, religious leaders and local Assembly networks are a credible and Approximately 80 per cent of the taken away when this happens. land board officials. Many a time, these critical mass of women leaders at the women in Kenya live in rural areas key pillars of opinion and community constituency and county levels, working and most derive their livelihood Radical Departure conscience, are the arbitrators and on advocacy and have carried out various from agriculture. This underpins the The Constitution of Kenya 2010 is dispense justice when injustice of successful civic education activities. importance of land as a resource and a not just a breath of fresh air but a radical perceived injustice on land and property The Caucus for Women’s Leadership primary factor of production. departure from both the existing social rights of women are concerned. And more plans to proactively use the women’s Over the years, this demand for land and cultural tenets of land ownership, often than not, it is justice denied — as assembly structures that are already rec- has at times led to severe landlessness, more specifically its use, access and a vast majority of these structures make ognised by both the formal and informal subsequently making land, its ownership, control by women. The Constitution of their decision in total ignorance of the structures of governance at local and coun- management and controls the bane of our Kenya 2010 clearly recognises women law, the various human rights instruments ty level. The regional assemblies will lever- existence. as equal stakeholders in the use and like CEDAW, and lately the Constitution of age their platform to create a forum where This situation was for a long time ownership of land, and guarantees Kenya guided by the National Land Policy. both they and the local councils of elders exasperated by lack of a clear legal women related rights on the same. The Caucus has previously meet to discuss issues on land ownership, framework for the management of land. However, realising that the current implemented a human rights project on use and control. This platform, where ap- Overlapping tribal and customary law practice will still need a lot of lobbying, sexual and domestic based violence. This plicable, is also intended for the resolution systems, ineffective and inappropriate moulding of opinions and perceptions, the project worked very closely with the local of disputes involving widows, orphans and traditional governance and conflict Caucus for Women’s Leadership has em- councils of elders especially on awareness families over their rights to inherit land management mechanism, and a barked on a project that seeks to ingrain creation of the Sexual Offences Act, and and property as espoused in the new law. Perceptions hinder women from inheriting land By Karani Kelvin the land is not theirs. This is 2010 deals a blow on the double feet, and when dawn comes, land from their families. a historically and culturally standards of the previous law the sun will shine on men The idea is still new to them and inheritance conditioned belief, which regime and the discriminatory and women alike without any and one can understand the is something very interestingly, persists to date. elements of customary law. By discrimination. difficulties of going about it. emotional. In most Since land and power often declaring void all discriminatory Although the adoption It is also possible that families, it is the times went hand in hand, the laws and customs, it sets the of our Constitution switched fathers who want to share out fatherL who sits with clan elders man with a lot of land was the stage for equality, equity, dignity on the lights for marginalised their land to their daughters do and his sons and shares out most powerful. Land, then, and respect for human rights. groups ending their prolonged not know how to go about it as his land. The words spoken symbolised power. Given that As such, previously and unjust stay in a legal well. How are they to explain and the things done on such women did not own land, marginalised populations are blackout, more needs to be to their friends, most of who days depend on culture and they were less powerful than given the same status as others. done for us to fully realise the might still think it unwise to traditions. men. One can trace the power Women, of course, remain the benefits of the letter and spirit do so, that they are giving their Usually, on such days, differences between men and biggest beneficiaries in this legal of the Constitution. When it daughters some land? women are spectators. They are women to land ownership. regime. It is like what Chinua comes to many issues like land Land inheritance by less likely to be involved in the Since women had no land Achebe would say: “They have inheritance, perception, not lack women is relatively new and process for, as the case often and were, therefore, less been on their knees while men of laws is what stops women unconventional. While we is, it is a man’s affair. What powerful than men, they were have been on their feet. It is no from enjoying their rights. may have laws that guarantee business do they have if the the ones to be subjugated. wonder then that the sun has The belief that land belongs women’s right to inherit land land is only going to be given to The consequences of this always been shining on the men, to men and should only be and other properties, it is likely the sons? subjugation can be seen in the for it always shines on those who shared out to them is still that the perceptions that inform In African societies, land many discriminatory practices are standing first.” present. It is the persistence land and property inheritance belongs to the men. Women and attitudes in our society. The Constitution in many of this belief that even makes may continue to pose a can only till it but they know The Constitution of Kenya ways lifts women to their women themselves not demand problem. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 7 Women remain biggest victims of double standards By Waikwa Maina

ennifer Wangari Kiama, a victim of corrupt deals, claims to have lost her land to two sisters whoJ conspired against her as she was ailing in hospital after undergoing an operation. For Wangari, it is worse that they compromised her son promising to include his name in place of her mother in one of the three farms registered in their later mother’s Rakel Kiam’s names. Wangari could not control her emotions as she narrated how she one of her daughters called to inform her that the From far Right: What’s up? Double standards: Zeinab Y. Khamis from Kibra laments that some women conspire with family lands which included two fellow women, to deny other women land. Listen keenly, she says at a Land Colloqium seminar at The Silver Springs parcels in Othaya and another Hotel in Nairobi. — Picture: Correspondent parcel in Nyahururu had been subdivided while she was have been left out, the costs of Later, during a lands legally belonged to her. strength of the title deed he recovering at the hospital. filling a case is prohibitive, what adjudication and division The District Commissioner acquired from the seller. Both of her sisters who are else can I do?” poses Wangari, a exercise, the seller acquired later summoned the two and “I have since then moved married and their husbands mother of three. another title for the same piece their witnesses to his office from one office to the other have also been in the campaign In a separate incident, of land. However, by that time where the seller confirmed without success. I have been to deny her access to the land. Margaret Nyawira has been to Nyawira had already moved to having sold the land to Nyawira to the CID offices, Ministry of the highest office trying to get Nyeri leaving the land under a and promised that they would Lands Nairobi headquarters Parallel titles back a parcel of 23 acre land caretaker. amicably solve the issue outside but all in vain. The person “My mother died in July 1, she bought back in 1973. the DC’s office. Nyawira had no who bought the land after me 1999. I was later admitted at “I bought the land in June Deal objections to that. is a very senior government hospital. It was when I left the 1973 on the terms of a willing She learnt of the deal when However, on leaving the officer, well connected and very hospital that I discovered that buyer willing seller from a she visited a bank to secure a DC’s office, the seller refused to wealthy,” observes Nyawira. one of my sisters then working Machaki Saburu in Embu, loan using the land as security. communicate with her and left with a law firm had acquired Gachoka area. I was paying Unknown to her, the seller her stranded in Embu town. Violation a parallel title deed for one of on instalments as per our had sold the land to another She went back to the DC’s Nyawira and Wangari are the parcels of land,” explains agreement and cleared the person at higher price and office and he gave her a letter just examples of how women Wangari. She adds: “She then payment in 1975,” explains the treacherous journey to to take to the Ministry of Lands have suffered under multiple ordered for my eviction from Nyawira. She notes: “The reclaiming her land begun. headquarters in Nairobi. The and systematic violation of the family land but I reported payments were mainly through “I visited Embu Land’s letter was addressed to the rights to land through illegal the matter to the area chief who his bank account of which I have registry office to place a caution Chief Lands Registrar. and irregular title deeds together with his committee receipts and bank statements.” but the District Lands Officer The Chief Lands Registrar acquisition. Ignorance on ordered that I be allocated my On clearing the payments, turned me away. I raised the in Nairobi directed the Embu succession matters by the share, but they declined and the seller drafted a final receipt issue with the then Provincial District Lands Office to have the women is a serious issue that accused me of tarnishing their to acknowledge she had cleared Commissioner who sent a parallel title deed in possession needs urgent attention by all name in the village. the payment and changed the letter to the area District of the seller revoked, and if stakeholders. Wangari claims her sisters title deed to her name. Commissioner directing him to he declined to surrender it to “For example, instead of vowed never to allow her access However, later in 1976, the investigate the issue and take the government, it be revoked suing for illegal occupation and the land and she now lives in the seller’s relatives made an appeal necessary action,” she recalls. through the Kenya Gazette, and seeking eviction orders, the Majengo slums in Nyeri. against the sale to the Minister Armed with all her that’s how it eventually went. lawyers first file for trespass “I have to hawk fruits in of Lands demanding a share of documents, Nyawira visited However the new buyer and ask for more money from Nyeri town to earn a living for the land. The land was already the District Commissioner who continued to develop the the client so that they can file a my two children and grand in her name and she won the conducted investigations and it land with houses and farming case against illegal occupation children,” she says. appeal. was established that the land claiming he was doing so by the and seek eviction orders,” Unlike her married sisters, observes Samuel Wandimi Wangari is jobless and cannot the Mt Kenya Human Rights afford legal fees despite the Network Coordinator. fact that the original legal However, most worrying documents for the land that is emergence of cases where were in her mother’s name are women are conspiring to deny still in her possession. other women their land. These Wangari later learnt that could be sisters or just women her son was also ordered to who take advantage of others’ denounce her as a mother so ignorance. that he would get the land on “I have many cases where her behalf. women are fighting for Her sisters sold one of the “The payments “Women are “I know I was property with other women; parcels of land in Nyahururu some of them are relatives without her knowledge and were mainly conspiring to entitled to inherit while others involve cases disregarding resolutions by through his deny other part of the land where women conspire to village elders to include her in all women their belonging to my illegally get land belonging to land transactions. bank account.” another woman. Such cases are “I know I was entitled land.” mother.” nearly coming to per with those to inherit part of the land — Margaret Nyawira of men versus women,” notes belonging to my mother but I — Samuel Wandimi — Jennifer Wangari Kiama Wandimi. Strength of a 8 Special Edition: Women, Land & Property Woman December, 2011 Access to land elusive Constitution to women evictees By Joyce Chimbi offers hope

ue to the patriarchal for Gusii nature of the Kenyan society,D land is often owned and controlled by men. women Government statistics still reveal that only a paltry By three per cent of women Bob Ombati own land title deeds. ackson Nyang’au, 80, a resident of Consequently, women Kisii County has witnessed violation have very limited decision making powers in so far of the rights of the girl-child over time as land is concerned. immemorial. JNyang’au, a father of seven — three sons Still, access to land remains limited to their and four daughters — says culture has been role of labourers. In retrogressive and discriminative towards the girl- the agricultural sector, child. statistics from the Ministry He observes that the new Constitution of Agriculture reflect this allows parents to treat their children equally assertion with an estimated including in bequeathing them land and other 80 per cent of labour being properties. provided by women. Nyang’au, who has divided land to his sons, As the population How does one catch a butterfly?: Lydia Nyambura of Muranga says land is only left with his Emonga (special portion) continues to grow, by an in the region is too small to be apportioned to women. which will automatically revert to his last born estimated one million people — Picture: Strength of a Woman Correspondent son when he dies. per year, and the stress The portion, which is relatively small can on the limited resources Three years since the habitants settled. be fallow or used to grow crops only changes continues to be felt, land remains out of Mau were evicted and plans to Speaking in reference to the hands after the parents have died. of reach for many women. relocate them continue to abort due displaced persons due to the 2007 “One of my daughters has no stable Land being one of the to various reasons including lack of violence as well as the Mau forest marriage. She is always with us. So, I will hand most valued commodities has funds. evictees, the Finance Minister Uhuru down my share to her so that she can also take consequently elicited long drawn Although the Minister for Lands, Kenyatta said: “The situation must care for her children,” explains Nyang’au. conflict and many Kenyans continue James Orengo has made it clear that be brought to a closure to enable He observes that all children should be to find themselves homeless as the the Treasury has allocated funds for genuine displaced persons to be government moves in to reclaim given an opportunity to inherit land and other the exercise, all does not seem well. settled in order to enable them property from their parents. public land. (evictees) to live in a dignified Orengo faces the tremendous Land is a highly treasured property second task of finding a host community manner.” to food and money in Gusii. Any time land Vulnerable that is ready to accommodate the issues are raised, they elicit emotions especially Among the homeless, women and newcomers. Abused during tussles over ownership. children hold the biggest number and However, the Mau evictees are According to Kantau Nkuruna of Gusii community is highly patriarchal but are most affected as they struggle only some of the many Kenyans the Community Forest Association, with harsh climatic conditions, who have been left out in the cold. Narok South: “Mau forest’s the reality is dawning for the traditionalists that insufficient food and uncertainties Almost four years later, a large significance to the community the society has to peel off the traditional cultural regarding their future. number of the estimated 3,000 around as well as to the country at skin to fit in the modern and progressive society, “It is worse for women who find families displaced during the 2007 large is not in dispute. This forest which recognises the rights of children regardless themselves pregnant while in camps post-election violence are yet to be has been headed for destruction of their sex. for the displaced, some children know from years of encroachment and the Stereotypes associated with the traditional of no other homes other than these consequent logging.” girl-child are slowly fading as the new law that camps where when it rains, they The Community Forest recognises the rights of children and accords are exposed to serious and even life “It is worse for Association is a community led them equal rights in property ownership and threatening respiratory diseases,” women who find initiative that seeks to benefit from development takes effect. explains Roselyne Kemunto, a nurse the forest while also protecting it. It cannot be gainsaid that families have in Eldoret. themselves pregnant “Indeed the communities broken up in Gusii over lack of male children Even as the debates and around the Mau Forest such as regarded as the heirs of their parents’ controversy shroud land evictions, while in camps for the Ogiek, Kipsigis and the Maasai properties. Women who have not borne for those who have lived on land the displaced, some acknowledge the need to save children have been scorned and disregarded. earmarked as illegally acquired, Mau. However, survival of the Contrastingly, men who sire only female these are tough times. children know of no environment should be harmonised children are regarded as not ‘men enough’. This “Some of us settled in places with that of the community,” forces them to push their wives into having many such as Mau forest many years ago explains Lucy Sadera, an Ogiek other homes other children in the search for a male child. having been evicted from our homes and a member of Maendeleo ya Land demarcation has traditionally been in the infamous land tribal clashes than these camps Wanawake Organisation. done for male children with the assumption of the 1990s and even as far back as where when it rains, The District Officer for the the 1980s,” explains Eliud Bonosos Olokurto area in Narok Rift valley, that the female children will be married and who is one of the estimated 20,000 they are exposed Nyaigoti Mogeni explained the claim their shares from husbands. Ogiek people in existence. difficulties that they are facing in Few religious leaders have dared share their Observes Bonosos: “I have known to serious and even implementing strategies that are properties including land with their daughters no other home, just like the fish finds beneficial to both the indigenous and sons. habitat and can only survive under life threatening community as well as the He advises Kenyan men to consider their water, so are the Ogiek with the respiratory environment. daughters when sharing family properties to forest.” Approximately 2,000 families avoid contravening the provisions on land The Ministry of Lands has so diseases,” have already been evicted from the issues in the new Constitution and land related far reclaimed 500 parcels of land in — Roselyne Kemunto Mau and the Government is yet to conflicts which sometimes end tragically. various parts of the country. resettle them. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 9 Banking on law to correct wrongs By Barwaqo Aress

t is 4.30 am and Mkyamwina Bakari, 40, is already at work busy with her chores as a house help in a middle class estate in Mombasa.I For a paltry KSh3,000 per month, life for the widowed mother of five is a daily struggle. She has to work hard to fend for her children who are with her mother in village. Five years ago, life was full of promise for Mkyamwina. Her husband was a respected businessman despite having dropped out of school in Form Two. They had a restaurant business that was flourishing. They had about 20 heads of cattle and 30 goats including chicken as well as a profitable miraa (khat) busi- ness and were living in their own home. The couple was envy of the village and had even constructed a semi-permanent rental house in Mombasa town which earned them a steady income. Mkyamwina never imagined she A coconut plantation at the Coast: Land in the region remains a thorny issue as women lack equal would one day perform domestic work property rights at dissolution of marriage. — Picture: Correspondent to feed her children, or even undergo all manner of mistreatments from her in- is expected that widows and orphans as tion of marriage,” observed Waweru. opportunities and challenges for women laws following the death of her husband. well as divorcees will not be robbed of Many divorced women become their in relation to land and property regretted Death their right to inheritance. children’s sole caretakers and with no that cultures do not allow women to sit In Article 223 (c) of the National source of income they become more vul- on committees discussing land matters. Her husband fell ill and died. land Policy it states: “The Government nerable to domestic and sexual violence. Olang’ noted that empowering Mkyamwina was not only chased from shall enforce existing laws and establish women socially, economically and the matrimonial home but all their clear legislative framework to protect the Advocacy politically will push them into property confiscated. rights of women in issues of inheritance “Poverty and other socio-economic boardrooms and other decision making Her brother-in-law is now living in to land and land based resources.” challenges undermine their ability to forums at various levels. their house and drawing rent from it A women’s organisation in Mombasa leave abusive relationships or negotiate She urged parents to write wills to while she struggles to feed and educate is concerned that as long as women’s for safe sex,” reiterated Waweru. protect their dependants from greedy in- her children. voices remain at the periphery of Waweru was speaking during a laws and other relatives who confiscate Efforts to seek redress from the the decision making process, efforts stakeholders meeting convened by matrimonial property after husbands’ area chief have not borne fruit as the aimed at empowering them socially African Women and Child Feature deaths. husband’s kin have refused to honour economically and politically will remain Service (AWCFS) to discuss how Coast “Poverty and hopelessness was summons to discuss the issue. futile and a waste of resources. women’s rights and access to land and driving many widows and divorcees into Meanwhile, the local chief has Mombasa branch of the Caucus for property can be enhanced in line with sex work after losing their matrimonial written a letter for her to take to a Women’s Leadership says that despite the new constitution. property rights,” observed Olang’. children’s officer to try and recover her shouldering the agricultural burden in The theme of the meeting supported According to David Barisa, of Action property. However, so far the matter is the society to provide for their families, by UN Women was “Scaling up advocacy Aid, Coast women are still unaware of still pending. retrogressive cultural practices are activities in relation to land rights for the existing legal options that they can “Justice will one day prevail and still frustrating the full implementation women in Kenya through supporting the turn to when their rights are infringed. my children will inherit their father’s of Kenyan laws that seek to empower implementation of the land policy and He added: “Lack of a gendered property,” says Mkyamwina. However, women. the constitution”. reparation and compensation framework she is emphatic that she will never According to Marion Waweru of the Speaking on women’s land and at the national level further compounds remarry and go through such humiliation Caucus this is a direct consequence of property rights, Waweru hoped the challenges that women face.” and suffering in the hands of in-laws. discriminatory laws and retrogressive Constitution will correct violations of He said despite women contributing Mkyamwina’s predicament is an cultural practices on women’s access land and inheritance rights for women at about 80 per cent of labour, only four illustration of the mistreatment widows to and control of land and matrimonial the Coast. per cent own land and they continue to or divorcees go through and end up property. “Coast women are banking on the be underrepresented and marginalised at losing their right to inheritance of land Waweru said in Coast Province, the Constitution to save them from further all levels of decision making. and matrimonial property once their process of land adjudication, consolida- suffering by guaranteeing equal rights to “Failure to effectively address husband dies or the marriage ends. tion and registration crystallised men’s land and property inheritance at family sexual and gender based violence has Despite the new Constitution that absolute ownership and control of land. level,” she noted. resulted in grave psycho-socio and health protects women from all manner of “A woman tills the land, plants and The Caucus for Women’s Leadership disorders of survivors,” noted Barisa. He human rights violations, many are still collects the harvest for the man to take is pushing for the implementation of the added: “This further increases women’s ostracised and neglected as in-laws reap to markets and be custodian of the full National Land Policy and the Constitution vulnerabilities to poverty, landlessness, where they did not sow. collection of a season of harvest,” she to finally resolve land use and tenure marginalisation and continued cycle of Many women cannot afford legal observed. challenges for women. The Constitution violence and abuse.” redress for lack of awareness of their Waweru noted that only seven per assures security of land rights, equitable Action Aid is working with faith rights, poverty and illiteracy, so most of cent of women in Kenya own land either access to land and elimination of gender based organisations, women’s and youth them just give up without even trying. jointly or separately, and that because based discrimination in relation to land groups as well as opinion leaders and of obstacles to land ownership, they are and property in land. other partners to educate society to Equal access denied the rights that the country is Waweru said the Government change their negative attitudes towards Lack of equal access to inheritance obligated to provide under international must adhere to principles of non- women’s land and matrimonial property and matrimonial property rights in the law. These include the rights to property, discrimination as the protection of rights. society have condemned coastal women housing and equal access to credit. women’s right to land and property is an “We can have all the best laws in to abject poverty, reproductive health “While coastal women face numerous indispensable aspect of the reforms and the world but when cultural attitudes diseases, gender based violence and obstacles in marriage, the burden be- reconciliation process. are negative, the patriarchal society will homelessness. comes insurmountable if they divorce as Former councillor Margaret Olang’ always discriminate and frustrate efforts Through the national land reforms, it they lack equal property rights at dissolu- who shared her experiences on at empowering women,” observed Barisa. Strength of a 10 Special Edition: Women, Land & Property Woman December, 2011 Married at 15 and vagabond at 30 By Lydiah Ngoolo

t 15 years, Muvai Munyithya sell the food at a throw- away price just thought marriage life was to raise money for less important things. a bed of roses and without She would be thoroughly whipped hesitation, threw her hat whenever she questioned his wayward intoA the ring. She was soon to realise behaviour. She could attack and beat her that marriage can be a bed of prickling even when she is pregnant but luckily she thorns. has never had a miscarriage. She dropped out of school in the When their differences reached tender age of 15 to delve into marriage. intolerable heights, the good neighbour Today she is 30, with nobody to turn who had leased land to them sent them to and nowhere to call home. She was away from the farm. He accused them married in 1996 and has been blessed of inviting bad omen by turning his farm with eight children. into a battle field that was culturally Marriage is no bed of roses for teenage girls who drop out of school, as Things worked well for the first two unacceptable. “vagabond” Muvai Munyithya, 30, of Mwingi seemed to have learnt. She months of her marriage but in subsequent Since the two could no longer claims her brothers threw her out of family land for encroaching on years things have been very bad. become compatible, her husband threw their inheritance. — Picture: by Lydia Ngoolo Muvai is the fourth born in a family of eight - five sisters and four brothers. her out of their matrimonial home house with stone and many a times Her husband’s father died in Nuu before albeit to her relief. She went back to chase her children away. she was married. The family then moved her mother (name withheld) with her Landless and unable to find peace at and bought land in Kiteta village in Mui children in tow and begged for land to the home and fearing that her brother location Mwingi East district. farm. would one day injure her, one day she She met and lived with her husband Her mother sympathised with her moved out with her children but unsure on his mothers’ one acre of land which situation and offered her a small piece of her destination. was too tiny to accommodate all the of land where she set up camp to start However, she ended up at the nearby family members. Due to pressure two life once again. But it did not take long Mui trading centre where she rented a of her brothers in law bought land in before trouble started. house for KSh 400 a month which was Machakos and settled there. “Within weeks on my settling enough for her and her children. She However, her 37-year-old husband within my mother’s land, one of my later secured a job as a house maid from never moved out of her mother’s small “Had I known, I brothers started complaining that I was the neighbourhood which earned her shamba. She leased land elsewhere and encroaching into his inheritance. Soon KSh2,000 a month. grew many pawpaw trees. She ensured could have taken my he incited my mother and both wanted She advises young women to take that her trees survived perpetual lack of me out of their land. These litany of their time before deciding to marry adding rain through small scale irrigation. The time in school more tributions made me curse the day I was that education should be taken seriously. shamba was fertile and through hard seriously and could born,’’ laments Muvai. “Had I known, I could have taken my work she could get a good harvest. When she showed signs of not time in school more seriously and could However, things went haywire for have acquired enough willing to leave the contested land, her have acquired enough knowledge on her when her husband developed a habit brothers changed tact. Her brother how to fight for my rights,” she says. But of idling and beating her regularly on knowledge.” could come in the middle of the night, she says that the Government should petty disagreements. The husband could — Muvai Munyithya quarrel her, beat her up and pelt her punish men who abandon their families. Right to inherit land must be all inclusive By Karani Kelvin uncle Jumbe and brother With the new constitution, clearly that there should be has guiding principles that Ababio the wrong way, the there is a huge expectation no discrimination over land. include participation, gender hen the late fact that her father allocated that women will not be Further, it asserts that women sensitivity, inclusion as well Pastor Ngoya her some land is a point of discriminated against when have the same status as men. as transparent and good leaves a will contention. land is being shared out on In Article 60 91) (f) democratic governance of stating that his the basis of their gender. it states: “Land in Kenya land. The National Land daughterW Aminata should be Ploy However, Wachemba, shall be held, used and Policy identifies need for given a portion of his land, his Realising that their ploy argues that the discrimination managed in a manner that is Constitutional provisions brother Jumbe and son Ababio to deny Aminata her piece of over land cannot be blamed equitable, efficient, productive on equitable access to land are greatly opposed to the idea land would not work, Jumbe on the previous legal regime. and sustainable and in and the protection of rights and try everything possible to who is the headman of Membe “If people want to share out accordance with the principle of women, minorities and ensure that the girl does not resigns while Ababio decides land to daughters, there is of elimination of gender children in matters of access, get her land. to commit suicide. This, for nothing that bars them from discrimination in law, customs control and ownership of land. Aminata, the character in them, is far much better than that. I remember an old man and practices related to land The National Land Policy Francis Imbuga’s Aminata, to witness the land being in Luhyaland who gave his and property in land.” that is Sessional Paper No is a successful woman by all handed over to Aminata. daughters land in 2002,” he 3 of 2009 states in Article accounts. Against odds, she Aminata’s troubles make says. Change 3.6.10.3 (224) (h): “The has managed to be a lawyer, one wonder: don’t women However, he observes, While most families have Government shall ensure an accomplishment which have the right to inherit land that although women are over time denied daughters proportionate representation alongside her generous nature or any other property? sometimes allocated land, the their right to inherit land, of women in institutions has won her the support of Land surveyor Evans sizes differ significantly with things are bound to change dealing with land at all women and some men in her Wachemba says that there what the men get. in this constitutional levels.” clan. Even the village idiot is a general perception that It is this misogynist dispensation. Hopefully with this Agege seems to have noticed. women do not inherit land discrimination over land that The National Land Policy, discrimination on land on While her success seems to but the truth is that some are the Constitution seeks to that was drafted in anticipation the basis of gender will be no rub some men like her paternal given land by their parents. address. The new law puts it of the new Constitution more. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 11 Mijikenda women jump over cultural hurdles to acquire property By Kigondu Ndavano alindi District in the Kilifi “Some of us have been in County is one of the areas business for the last 30 years with some of the worst and and we are familiar with the most controversial squatter tourism seasons which are problemsM in the entire country making dictated by bookings, bed ownership of land especially among occupancies and sometimes women, a near impossibility. origin of the visitors,” explains Mijikenda culture and tradition, just Consolata Ogutu, chairperson like the rest of Africa have for centuries of the group. relegated women to second class citizens During our interview at when it comes to ownership of property the Tropical Village beach especially land. access road tourist market, However, those archaic cultures Ogutu is forced to cut short our currently come into direct confrontation discussion and attend to Italian with the new Constitution and women tourists who have stopped at at the Coast can now have a reason to her temporary stall. smile. “Ciao a tutti benventi, Women in Malindi have suffered abbiamo tante cose belle, because of the culture that has barred cerchiamo insieme e io spiego them from economic empowerment. tutto (hello all, welcome, we One woman in Malindi cannot have very nice items here, let’s describe the situation any better. The go through them together and woman, for the mere fact that she only I shall explain everything to gave birth to daughters was chased out of you),” Ogutu says to them. her matrimonial home. Initially, members of the Baharini Women’s Group Abject poverty operated individually. The “Like many others, I have been reason they came together left to languish in poverty after being was borne out of the suffering abandoned by my spouse as a result of most of them experienced as my inability to stake claim to property they attempted to join beach acquired in marriage”. trade that was initially almost The Constitution appreciates all wom- completely dominated by men. en irrelevant of social status. Under Arti- They decided that by cle 60 (1) (f)) the Constitution has called coming together, they would for elimination of gender discrimination strengthen their bargaining in law, customs and practices related to power and ability to trade at One two three, and shake a shoulder. It is the sweet dance of success in Kilifi land and property in land. the beach. County as the Miji Kenda women dance their way to freedom after acquiring Among the Mijikenda, despite land “We would be chased land against archaic traditions. Three beautiful “sisters” need land. Consolata being owned communally, it has always around by the police and even Agutu, a beneficiary of the Baharini Women Group who have managed to arrested for illegal hawking at remained as men’s property at all levels. build houses through savings. — Picture: Correspondent Even during inheritance, it is the boys the beach, yet there were no who inherit. laws then controlling business However, long before the new at the beach,” Ogutu recalls. organise fund raising through merry-go- from the husband says she built a Constitution was written, a group of round where a member carries home temporary makuti thatched mud- more than 80 women came together in Competition KSh35,000 per session. walled house. Unfortunately, this was Malindi to find ways in which they could However, perhaps the most notable According to Gladys Mlanda: “If a demolished by the Malindi Municipal sustain themselves. These women went achievement for the women is the fact member is and still stays in a rental Council askaris within less than six beyond the cultural ties, bought land and that through a sense of undeclared house, once she joins the merry-go-round months. During that period she has constructed houses. competition, majority of them today which is mandatory, she is encouraged enjoyed the relief of not paying rent. Although the huge investments own plots and have been able to build to consider acquiring a plot and starting Ogutu notes: “The demolition was a are in informal settlements, it has not residential homes. Some of them even to construct a house no matter what the big loss to majority of the beneficiaries changed the fact that women in Malindi own rental houses from which earn them quality.” who were mainly poor women who had today control a sizable percentage of attractive income. Through group’s savings the members gone through divorce or had been thrown investments in land. “Most of the members reside in have registered with various financial out of their matrimonial homes through Majority of the women first identified informal settlements such as Maweni, institutions including the Kenya Women separation, death of spouses or merely tourism — the pillar of Malindi’s economy Muyeye, Majengo Mapya and Kisumu Finance Trust. Today majority of them being single mothers unwanted in the as a good but narrow entry path towards Ndogo, we have been able to acquire have qualified to get loans of between family.” economic independence. plots despite heavy resistance from men KSh20,000 to KSh150,000. With majority of the plot and house The women decided to trade with and by ruthlessly saving and sacrificing,” With land ownership still owners being women, there was an tourists selling curios and ornaments as says Ogutu. She adds: “We have been able controversial in Malindi, members of unconfirmed fear that perhaps the plan well as plaiting their hair, massaging them to build admirable houses for ourselves the women’s group are encouraged was to disrupt the women and help men or just painting tattoos on them. and our families.” not to fear settling on new settlements who were interested in the land take over. The Silversands, Casuarina, Coral Key, Although some of them may be living especially when such land is confirmed Ogutu is full of praise for one village el- Dorado and Blue Key beaches between in temporary mud houses thatched houses to be private. “This is because in many der from Maweni, Mohammed Kadiri, who the Vasco Da Gama Pillar and the Malindi that have been roofed with Makuti, the instances where squatters have settled even after the demolition brought together Marine Park became indirectly the centre plots hosting the structures belong to the on private land negations and a sale the village elders and after creating a new from which the women pursued their women and they do not have to pay rent. agreement is the preferred solution and list of settlers organised a new charge for source of livelihood. At least 40 members of the group not evictions,” explains Ogutu. the plots amounting to KSh5,000. Even the hurdle of not having been to have their own permanent houses. Some Before venturing into beach trade in “Of this amount, KSh2,000 was meant school did not dissuade Baharini Women’s of these buildings are complete and 1992, Ogutu had lived in a rental house in for the boundaries while KSh3,000 was Group from diving deeply into the tourism installed with amenities such as water Kisumu Ndogo area. In 1991, she heard meant for the land. It was not clear where business. This is a group made up of and electricity despite being informal that there was a new informal settlement the money for the land was going but as female beach traders and artisans. They settlements. in Maweni area. women we were set to move from the have even learnt and mastered languages To pull resources and encourage After acquiring her plot for between slavery of paying rent and not worried such as English, Italian and German to investment by members, the women’s KSh5,000 and KSh10,000, Ogutu who about accountability,” explains Ogutu. ease their dealing with clients. has divided itself into groups of 10. They had a large family and was separated “Our main interest was land and shelter.” Strength of a 12 Special Edition: Women, Land & Property Woman December, 2011 Legacy of a woman who defended, protected land Women commemorate Wangari Maathai at Freedom Corner By Omwa Ombara

hen you see an African as the first woman from Africa to be hon- woman dancing in public, oured with the Nobel Peace Prize on her in broad daylight, there is contribution to sustainable development, something serious going democracy and peace. In her recognition, on.W It is her way of expressing joy, pain, it was said she represents a source of anger, protest or hope. It all depends inspiration for everyone in Africa fighting with the occasion. for sustainable development, democracy To quote African literary writer Chin- and peace. ua Achebe’s words: “A frog does not jump in the broad daylight for nothing.” Role model Thus it was not for nothing that there The trees that she planted at Uhuru was a memorable outpouring of emotions Park many years back provided a cool at Freedom Corner, Uhuru Park, Nairobi breeze and shade for guests especially on November 29, when over 2,000 Ken- for the uniformed security officers who yan women dressed in beautiful vitenge gathered under the great Africana tree and matching headgears turned up to — the tree that Wangari loved, to pro- commemorate the life of Nobel Laureate tect themselves from the scorching sun. Wangari Maathai. The women who had travelled from all They arrived in droves, as early as 6 over the country danced and wept freely am but all unified with one purpose for without restraint for the woman they truly Wangari’s legacy: to green politics through loved and cherished, one who was a role Wangari’s vision by planting trees. Sev- model and leader who inspired many. enty one trees, waited to be planted to They greeted each other in the uni- symbolise the age at which Wangari died. versal women’s language — warm hugs and shrill screeches that would have Prof Wangari Maathai. — Pictures: internet and Correspondent Loved Land impressed the little Hummingbird in the Maathai is remembered as a woman forest that Wangari loved so much, as they who loved land. She fought for and de- voiced their excitement and appreciation and Presidential hopeful Martha Karua, rights and the environment. She with- fended land and the environment from be- of each other. abandoned their handbags and politi- stood harassment, violence — both ver- ing exploited at a time when women were Those who had not had a chance cal airs and joined the public in a true bal and physical, but she never wavered regarded as lesser beings and did not have to dance, grieve, mourn or sing funeral reflection of what the Mau Mau veterans in her stance and pursuit in what she a voice to speak against a strong regime. dirges for the fallen heroine of Tetu had observed. “That Wangari loved the believed in. Kenyans will always remember because of the State burial whose pro- common man irrespective of her status “I remember her fight to preserve the Maathai for storming Karura Forest, on gramme was strictly controlled by state and mingled freely with the poor despite ground on which we now stand, to cele- the outskirts of Nairobi, to lead environ- machinery definitely had their day. being an international figure.” brate her life. Those were the days when mentalists and human rights activists to As Kayamba Africa, Nyakinyua Wom- Minutes before the official function dissent was not tolerated, yet she dared stop the grabbing and destruction of the en Dancers, and Embu Traditional Danc- started, the women stopped to sing the speak out for the environment, and yes forest. ers set the celebration mood with African national anthem in Kiswahili. for us Kenyans so that we could, as we Maathai had to face off with riot po- drums, some of the elderly women from The grounds were muddy but who do today continue to enjoy this park.” licemen who lobbed tear gas at her. Dur- rural Kenya who could have been mis- really cared? Wangari’s women planted In her speech, Karua captured ing the midday bloody commotion she was taken for professional mourners danced trees as a battalion of journalists clicked Wangari’s steadfastness, commitment not only roughed up by the riot police but round the field in circles in such authen- their cameras each trying to catch the and courage that made her a winner. also had her dreadlocks physically plucked tic styles yet to be captured in Kenya’s moment — Wangari’s moment. “She paid heavily but never gave up, she off in the full glare of the media. entertainment circles. Despite all the pomp and colour it was won,” she noted. It was her defence of Uhuru Park that They swayed and gyrated their hips indeed a solemn occasion with speeches Karua further recalled how many a shot her to greater fame when she led naughtily in ways only women know that left the women crying for more. times, Wangari led wananchi to reclaim protests against former President Moi how. Others danced moving forward, grabbed land and especially to protect who had planned to put up a sky scrap- some backwards. For some, there was State burial riparian land and recreational facilities, per within the park. no choice but to dance on one leg. They Karua who had initiated the function within Nairobi and beyond. She called Her action saved the park and today shook their shoulders and heads as if pos- noted that although Wangari had been on Kenyans to commit to join hands “to when many Kenyans sit under trees with- sessed by some spirits and for one mo- given a State burial, which she deserved, make it our individual and collective in Uhuru Park, few of them know that it ment, the elderly women seemed trans- the ordinary Kenyan had not been given responsibility to give our country Kenya is a woman who defended the land. formed into youth as they forgot their a chance to participate fully in the event. the minimum recommended ten per cent In her protest Wangari led many backaches and stiff joints. She reiterated that this was not in con- forest cover”. women to plant trees within the park as It was such unusual display of talent tempt of the State burial but simply an Deputy Executive Director at UNEP an act of preserving it. as women outdid each other with ulula- expansion of the space for the public to Amina Mohamed nostalgically eulogised She was the first African woman to tions and whistle blowing. participate and enforce Wangari’s legacy. Wangari as “an exceptional woman, sis- win the coveted Nobel Peace Prize. In Kenya Women Parliamentarians Observed Karua: “Prof Maathai ter, environmentalist and a great African her nomination, Maathai was recognised led by Gichugu Member of Parliament fought for democracy, human CONTINUED ON PAGE 3 Strength of a December, 2011 Woman Special Edition: Women, Land & Property 13 Women commemorate Wangari Maathai at Freedom Corner

CONTINUED ON PAGE 3 commitment will create a lasting From Left to Right: Kenya Women Parliamentarians led by Gichugu MP — internationally recognised for her per- legacy of Wangari Maathai’s great Martha Karua, and Nominated MP Rachel Shebesh plant a tree to honour sistent struggle for democracy, human work for present and future genera- Martha at Freedom Corner, Wangari does her favourite thing in the past. rights and environmental conservation”. tions,” reiterated Mohamed. Below: Nyakinyua Women Dancers commemorate Wangari, and right Mohamed paid a glowing tribute to Maendeleo ya Wanawake chair Women jig to Kayamba Africa tunes during the event. Wangari as “a great listener, an excellent Ms Rukia Subow praised Wangari for — Pictures: internet and Correspondent teacher, a wise counsellor and a faithful her struggle to emancipate women. friend whom we all continue to mourn”. “Despite her high profile, she was Mohamed described Wangari as a able to come down to the level of the model and a leader who inspired her. she was cut off from the land of the living dear friend of the United Nations family, common woman because she had a heart “Wangari taught us one thing. I can she kept mum. The rich in her death are a patron of and the inspiration behind the for the poor, especially the rural woman,” make a difference in the space I have now ashamed. God will give her a posi- UNEP-led Plant for the Planet Billion observed Subow. been given by God to occupy. I do not tion among the great,” said Njoya. Tree Campaign that has registered over Speaking on behalf of Unifem found- want to live in a country where your sex He rejected a call by Mau Mau vet- 12 billion planted trees since its launch. ing director (now UN Women), Dr Marga- matters before you are given an oppor- erans to build a monument for Maathai She said Wangari was a jury member of ret Schneider, Phoebe Asiyo said that as tunity. I do not want to live in a country at Freedom Corner, saying it would be the UNEP Sasakawa Prize in 2009 and a close friend of Wangari’s she was deeply where only the rich can make it and the against the tenets of her principles. was appointed as a United Nations Mes- hurt by her death. poor have no chance to exercise their “We must remember her alive. Every senger of Peace by the United Nations Schneider sent her condolences to rights,” noted Shebesh to a cheering audi- wonderful encounter in this freedom cor- Secretary-General Ban Ki-moon. In 2006, Wangari’s family and the community. “Her ence. ner will be an encounter with Wangari’s she was appointed Goodwill Ambassador commitment to sustainable development There were endless speeches, each ghost,” Njoya reminisced. to the Congo Basin Forest Ecosystems and peace was impressive. Her ability to loaded with important meanings and The women made a declaration to where she advocated for the protection of secure a living environment was immeas- message but to crown it all was the off- carry on Wangari’s vision in this annual forests in the Congo Basin Region. urable,” Schneider said in her message. the-cuff speech by the Rev Timothy Njoya tree planting event, reminded by her “It is my plea to every one of you in Even the young women could not help that captured the day and the moment: words: “in the course of history, there Nairobi and other parts of Kenya, to make being humbled by maathai. Nominated “To whom has the arm of the Lord comes a time when humanity is called commitment to annually plant a minimum MP Rachel Shebesh, passionately pro- been revealed? There was nothing in to shift to a new level of consciousness, of 71 million trees for each year of her fessed Wangari’s Hummingbird philoso- Wangari’s appearance that Moi desired. to reach a higher moral ground. A time life, starting from today. In this way, we phy. Shebesh, who was nominated to car- She was despised and held in low esteem when we have shed our fear and hope will contribute towards increasing Ken- ry the torch for women’s empowerment by the State. She took our pain, she was to each other.” ya’s forest cover while at the same time at the African Women’s Decade, joined pierced for our trangressions. She was As the women formed a Mugiithi train continue to instil in our communities the Parliament after Maathai had served. led like a lamb to the slaughter but like a at the end of the function, one could say value of environmental conservation. This However, she found Maathai to be a role sheep she did not open her mouth. When for certain that Wangari’s legacy lives on. Strength of a 14 Special Edition: Women, Land & Property Woman December, 2011 Kicked out for refusing to be inherited In Kuria, land By John Syengo issues is a f Beth Syengo-Mutunga’s husband would have died this year, she probably could not have suffered man’s affair the injustice of losing her share ofI the family land as well as his estate, By Fred Okoth courtesy of the new constitution. When the new constitution was he issue of women promulgated on August 27, last year, it inheriting and owning was almost 15-years after Paul Syengo land is a strange affair in died in 1995. some parts of the country. Upon his death, Syengo was blocked AmongT the Kuria, land is strictly a from inheriting the share of land to which man’s affairs with women simply being her late husband was entitled. As a result observers. of this, she lacked a place to put up a This is extended even when a man house for three children and land to farm. dies, whereby his male relatives are For the one and half decades after allowed by custom to ‘take care of her husband’s untimely death, Syengo’s the land’ on behalf of the woman since family has literally had no abode and have she is viewed as not being capable of been living in rented houses. managing the land. Syengo recalls her late husband’s According to Dennita Ghati, chairperson Education Centre for the relatives telling her that she had no right Advancement of Women (ECAW), the to reside in the Manyatta like family issue of women inheriting the land is homestead at Ndunguni Village, Ngomeni something that is still very strange to the Division, Kyuso District where they had locals and may take much longer to even a two-roomed house when Mutunga was come to a point of being discussed. alive. She suffered since her beloved “Here, when it comes to land, women husband, a former Kenya Army captain simply have no say ‘that’s it’,” observes breathed his last. Ghati. She observes that the women have not been allowed to own land by Entitlement customs in the past and this has left She is bitter that she lost entitlement them not keen on looking into the issue. Through her organisation, Ghati has to her husband’s land on account of her been involved in sensitising women on gender. their rights in the region, which include She says the bad blood with her Beth’s family pose for a picture in better days. She says her father-in- land ownership. husband’s kin resulted from her rebuffing law gave her son a token piece of land. a draconian and outmoded culture that Perception called for her to be inherited by one of Network of Grassroots Women returned to Nakuru to continue with my Ghati notes that it will take a lot of her late husband’s brothers. She said her effort to change the perception of both (Kengrow), a non-governmental teaching job, I was urgently summoned refusal automatically led to her losing the sexes if women are to be allowed to own organisation recalls that before hell by my father-in-law,” she recalls. right to belong to his family or inherit land within the community. broke loose, she lived well. Life took On arrival, her father-in-law informed anything from him. She cites an example of cases where a down turn four months after her her that it had been decided that she be However, Syengo is awake to the fact men die leaving behind huge chunks husband’s death in road accident while inherited by one of her husband’s sibling. that were the new Constitution in place of lands. She says the male relatives on attachment at an army detachment in According to Syengo, the two were then move in to manage the land and at the time, she could have inherited her Isiolo. paraded before her and she was asked to subdivide for the woman a small piece late husband’s estate not to mention his make her choice. However, she rejected just next to her house to plant food share of the family land. Summoned the suggestion. crop. “The new constitution has given “Four months after I had buried my “I chose to disobey by father in-law. I The inequality is extended to women the leeway to own land and husband next to our rural house and felt it was backward and an insult for me agricultural produce which comes out of property jointly with our spouses on the farm since even here, it is the men to be inherited. After all I was educated equal footing. Women, therefore, have the who have a say on how it is to be used. and free to choose the life I wanted to right to block and challenge attempts to The bigger pieces of land taken by live,” she explains. It was at that time disinherit them of land and property like the man are then used to grow tobacco, that her in-law banished her for disloyalty. it happened to me,” says Syengo. which is the most common cash crop in He sent her away and told her that Although her assertion appear to the region. Women are then employed as the share of family land would go to the casual labourers in their land to work on be true as Article 45 (3) of the Bill of elder of her two sons when he came of tobacco. This community’s customs also Rights chapter in the new constitution age. She says in the community women do not allow women to grow cash crops. states: “Parties to a marriage are are not land owners. “About 99 per cent of the labour entitled to equal rights at the time of the “Even at that time, what hit me like in the tobacco farms is by women,” marriage, during the marriage and at the a thunderbolt was the declaration by my notes Ghati. When the crop eventually dissolution of the marriage.” This came a matures and collected by tobacco buying father-in-law ( he died last year) that, not little too late for her. companies, the payment is made to men. only me but even my last born daughter “To tell you the truth, I do not see Unfortunately the family hardly benefits had no right to inherit any share of the myself benefiting from this provision in as the men disappear immediately they family land,” says Syengo. the Constitution because my husband’s “I chose to disobey have cashed the cheques into the nearby A lot of water has passed under the family denounced me and shared the towns of Migori, Homa Bay and Kisii bridge and recently her husband’s family only to come back empty handed. family land without allocating anything by father in-law. I felt summoned her elder son, Daniel, who According to Ghati, until women to me. In consolations, I am told they set it was backward and was allocated a piece of that family land. are allowed to have ownership of land aside less than acre for my first born son,” Although she dismisses the piece of as well as a say on how it can be used, she explains, noting that the frustration an insult for me to be land allocated to her son as tokenism there is very little that can be done to did not bog her down. inherited.” which he will share with his brother improve their lives in this area, which Syengo-Mutunga who is currently remains one of the poorest in the — Beth Syengo-Mutunga. (Victor), she is bitter that her daughter the Executive Director of the Kenya country. (Faith) and she were not considered. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 15

Women working in their farms in Kisii. The new constitution has given women the leeway to own land and property jointly with spouses on equal footing. — Picture: Ben Oroko Community key in translating rights to reality By Ben Oroko into reality. male spouses,” explains Mugoya. He says according to the Gusii Among the Gusii women do not He notes: “It is alien and against tradition and practice, land is mainly he role women play in traditionally own land or other socio-cultural practices of the Gusii controlled by male members of the relation to land cannot immovable properties. Ownership of land community for a woman to claim land family based on the assumption that land be gainsaid. While and associated resources is anchored and property ownership. This is seen as rights are held in trust for all members women have been the in patriarchal cultural traditions and if the woman is wrestling power from in the household. engineT driving economic development practices. the man, who is naturally the custodian Mary Orwenyo, a women’s leader and in their immediate communities and Mzee Peter Atambo Mugoya, 67, a of the community’s land and property.” a widow from Nyamira County laments countries, especially in the agricultural Gusii elder from Nyamburuga Village, According to the Gusii customs and that customary land registration systems and business, their access, control and Kiangoso Sub-Location in Manga District practices, men are naturally entitled which more often than not require ownership of land continues facing of Nyamira County says: “Though the to control household land because proof and authority from a husband challenges from conservative socio- new constitution has provided for equal the community authorities who are for a woman to acquire a land title cultural traditions and practices which opportunities in land and property predominantly male entrust the land to deed independently, continue to deny prohibit women from owning land. ownership between men and women, it male heads of households from where women their right to land and property While statutory law protects will take a long time for the community the land is passed on to male heirs for ownership. women’s right to land access, control to reconcile the provisions and the age- continuity. “The requirement of a husband’s proof old socio-cultural practices which do not and authority before a woman is allowed and ownership, cultural practices Male relatives anchored in various African communities allow them to entrust land ownership to process and acquire an independent have hindered them from exercising rights on women.” Access to land for most women land title deed under the customary land these rights. He observes: “Translation of women’s depends on their relation with male registration systems is a major obstacle The conservative patriarchal cultural land and property rights into a reality relatives, especially husband, brothers, to single women’s rights to land and traditions and practices paint a gloomy will depend on the community’s gradual fathers and brothers-in-law. property ownership,” she observes. picture about women’s land and willingness to enforce such laws without “According to the Gusii customary Orwenyo, who is also the chairperson property rights. conflicting the existing customary and law and practices, a husband has an of Nyamira District Maendeleo Ya statutory laws on land and property obligation to provide a piece of arable Wanawake Organisation blames socio- Within marriage rights in relation to women.” land for his wife to conduct farming cultural practices that discriminate According to a study conducted by Mugoya admits that customary law activities,” explains Mugoya. He adds: “It against women, especially payment of Women and Law East Africa (1995) on pertaining to women’s land and property is the man who also decides which piece bride price for discouraging women inheritance laws and practices in Kenya, rights, like statutory law is purely based of land the woman can use and for how from owning land. In most customs it is women only own land to the extent that on social relations between men and long.” assumed that once bride price has been they perceive or believe this to be the women, specifically husband and wives. However the customary practices paid then automatically that makes a case, especially within marriage or other “According to many African customary allow a daughter who has been rejected woman her husband’s property. cohabitation relationships. It only dawns laws and practices especially among by her husband and has not been re- “Land among the Gusii community is on them that they neither own nor the Gusii community, women regardless married to be allocated a portion of passed through inheritance, especially control property when such relationships of their marital status cannot own or family land since the community regards through the male members from turn sour. inherit land. The community’s tradition her as one of their own. father to son since according to the However, for women celebrating the has over the years assumed that women Similarly, a woman who was never community’s customary law, women are gains made in the new constitution in are part of the community’s wealth and, married and did not bear children or has perceived as outsiders who cannot be relation to land and property rights, the therefore, have no right whatsoever to opted to adopt children also entitled to entrusted with the community’s land challenge is in translating these rights claim land and property rights from their family land. and property,” notes Orwenyo. Strength of a 16 Special Edition: Women, Land & Property Woman December, 2011 Floating houses leave women a traumatised lot By Diana Wanyonyi wanaisha Mussa is seated outside her two-bed roomed house counting and arranging coins as per their denomination.M This is the money she will use to settle her ground rent to the landowner. The 60-year-old mother of seven is optimistic that the coins will be enough to clear her monthly ground rate of KSh500. Though she owns the house customarily, legally she does not own the land that her house was built as it belongs to landlord whom she is obligated to pay the monthly ground rate. Like the legendary Hekaya za Abunuwasi tales, where Abunuwasi once asked his neighbour on the on the top floor to hold his house as he was demolishing his on the ground floor, so do the floating houses of Mombasa. While her case of a floating house may sound strange, Mussa symbolises the story of many women and men in Kisauni Constituency, Mombasa County, where three quarters of residents own houses but have been denied the right to the land where they have erected their houses. Prime Property Kisauni Constituency is the richest in provision of facilities having the most important offices and historical Nowhere to lay our heads. Mijikenda women watch in monuments with one of the largest horror as their houses are demolished by alleged “real market in East Africa — Kongowea. owners”. bottom: Mwana Juma Ali prepares porridge for Despite the riches and fame, residents her five children. She is traumatised by the floating houses in Bilima area are living in anguish, of Kisauni. — Pictures: Kigondu Ndavano and Diana Wanyonyi silently suffering from the nightmare at hand. Most of them are squatters, a lings which was later increased to seven me with the money I gave problem that has continuously siphoned shillings then it went up to KSh17, KSh80, him only to realise he had their pride of owning land. KSh100, KSh200 and KSh400. This deceived me,” explains Ali Women at the Coast have been the amount increased gradually to KSh500.” who later discovered that hardest hit. Over centuries they have Fenny Katana is a single parent who the same land had been sold been marginalised on issues of land had inherited 0.0587 acres of land from to a private developer. and property ownership. They have her father, but this has been sold out bit “I was forced to go to his bowed down to discriminatory laws and by bit by the landowner. office in Malindi but I was practices which deny them access to and “My father handed over this land stunned to hear that he had control of land and matrimonial property to me after he retired as an engineer been sacked long before,” in their own motherland. with the Mombasa Portland Cement,” notes Ali. She adds: “Later “Women were excluded from the As Mussa sits on her kitimoto (sitting explains Katana. She adds: “There was I was informed of his death in Kitale. decision-making process as men held the stool), drawing water to fill jerricans an agreement between my father and the Now, the private developer has built a vast majority of seats in institutions that waiting by her customers, her cracked land owner that for the bit which was house on the land and I don’t know my adjudicate land rights,’” notes Zuberi. palm and toes came to live. Her pale supposed to mine, I pay half of the cost fate.” “The decisions that emanated from those buibui spattered with water turned and the remaining dues were given to According to Amina Zuberi, Mombasa bodies were often based on discriminatory black bringing back its original colour him as a token locally known as kajama. District Convener of the Women’s and degrading notions about women’s when it was new. Katana notes that everything went Regional Assembly, a programme of the inability to manage or own land, some of “I sell fresh water for ten shillings on as planned and Mombasa Municipal Kenyan Caucus for Women’s Leadership, which were enshrined in customary law.” per jerrican to some residents, I spend Council also gave their approval but after women rarely own land titles either the money I get basic needs and paying some years she discovered that the same individually or jointly. Patriachy monthly ground rate of KSh500,” land had double allocation. “Women at the Coast have been However, Athman Juma, 59, blames explains Mussa. She says: “Sometimes I suffering the degrading and even men for being reluctant and unwilling beg for money for my family livelihood. Duped lifethreatening consequences of their lack to fight for their land rights leaving the Then she suddenly remembered.” Many residents are living in fear of of property rights and this has resulted in burden to women. Mussa explains how she ended up being evicted any time with this ticking absence of economic security,” says “Men are not cooperative; they isolate here: “I came to this place many years time bomb. “We are scared most of Zuberi. She adds: “The denial of equal themselves leaving the problem for wom- ago when most of the land was covered the time. We have witnessed several property rights has put coastal women at en to handle all by themselves. I don’t with bush. I took over this land after my occasions where strangers come to greater risk of poverty, diseases, violence know as to why they fear private develop- husband’s death.” assess our land,” explains Katana. She and homelessness. When it comes to ers more than their native fellows.” However, her life here was not going adds: “We have tried to get help from the inheritance, she ends up in the cold with The new Constitution under Chapter to be easy. “One day someone came and relevant authorities but in vain.” her children soon after her husband Five, states clearly that: “land in Kenya claimed that he is the owner of the land. I Besides Katana, is Mwana Juma Ali dies or is divorced.” Zuberi blames shall be held, used and managed in a was shocked beyond words. To add insult was duped KSh42,000 by her landowner’s gender bias in customary law and lack of manner that is equitable, productive it injury, he gave us orders to pay monthly lawyer claiming that he had settled the procedural safeguards for land disputes and sustainable, and in accordance with ground rates,” says Mussa. She explains: bill of the land she was living on. saying that women are subjected to the the following principles equitable ac- “I started paying monthly rates at five shil- “I thought he had paid for the land status of second-class citizen. cess to land”. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 17 Woman reduced to destitute Empower after 50 years in marriage rural women By John Syengo at the point that the protestors By FRANK OUMA were forced to scamper to t 77-years-old and safety as the hired youth took here is need to put in place having been married advantage to pull down the measures that will ensure for nearly 50 years, houses in supersonic speed. rural women are empowered Syukau Lisi and her Narrating her predicament socially and economically. 16-memberA family in Migwani Syukau said she doubted the TIt is only when women are empowered District of Kitui County have authenticity of the court order that they can own land and houses among for the last five months been as she had a case pending other property. This way they can have reduced to a life of destitution before the Mwingi court collateral that will enable them access loans courtesy of a marriage gone challenging her husband’s move and other finances that can help build their awry. to disinherit her of the land she economic and social base. Towards the end of July, lived in. According to an assistant minister in auctioneers cut short their sleep “I have lived here for years the Ministry of Co-operative Development, when they arrived at dawn since I was married in 1956 and Linah Jebii Kilimo empowerment will in company of mean looking this land belongs to me and my enable women them be at par with their hirelings and in a terrific force children. I went to court over male counterparts. flattened all the houses within a year ago when word went “Women are the backbone of the the compound. round that my husband wanted country’s economy and we have to Although Syukau managed to to disinherit me of the land and improvise ways of assisting them initiate salvage a few personal effects, transfer the ownership to my sustainable income generating activities and the loss incurred during the step daughter.” which will uplift their living standards,” she unexpected raid cannot be said. counted. Court order Kilimo was speaking when she opened Under armed police guard, Syukau sued the husband to — Picture: John Syengo a one week seminar on women economic the auctioneers descended pre-empt the move to transfer empowerment held at the Tot World Vision on the Kathukumani Village “Since this matter is still the ownership of the land to a Hall in Marakwet East Constituency, Elgeyo home in Kaliluni sub-Location different person because she Marakwet County. unannounced on the morning a subject of a court case, had the right to own the land The forum that drew participants from of Tuesday July 26. They were I cannot comment but I which she and her children the country was organised by Japanese armed with an eviction order have lived on for over 55 International Corporation Agency (JICA) in from a Machakos court. With wonder whether the land years. collaboration with Jomo Kenyatta University the help of hired youth, the Syukau lamented that she of Agriculture and Technology (JKUAT). auctioneers proceeded to pull tribunal sanctioned the did not have any other place Kilimo asked women to take advantage down all the structures in the to go to if the eviction was of the government’s goodwill to boost compound living the family change of ownership of the successful. She is hopefully themselves economically and avoid over- members without a roof over that the Machakos Court dependence on men for upkeep. their heads. land in question.” will rule in her favour and — Syukau Lisi “As women, we have to wake up and get Since then, Syukau and overturn the order that led to a share of the available resources by seeking her family have been living in her forceful eviction. loans,” reiterated Kilimo. a rented shop plot hoping that Her brother-in-law David She challenged women leaders in the the court would overturn the left many people wondering whether Musee Mbinga says that country to spearhead campaigns aimed at ruling to disinherit her. She feels the the home had been hit by a strong his brother had no justification to educating the people on the need to join eviction was the result of a clandestine hurricane as besides the flattened disinherit Syukau of her land and cooperative societies. arrangement as she was never served houses, personal property including that the forceful eviction although “Women have to apply for loans to start with any court summons. Syukau beddings, boxes and beds were strewn on the strength of a court order was various businesses so as to uplift their has already filed an appeal in the all over. uncalled for. standards of living instead of sitting at home Machakos High Court seeking orders The auctioneer who arrived He added that family elders had and waiting for men to give them,” observed overturn the unfair ruling. under the escort of the Migwani also earlier ruled that the land in Kilimo. Police Station Commander and question belonged to Syukau and She asked more women to join Surprise eviction with the backing of a dozen youth should Lisi want her out, he should cooperative societies and save so that it can Before the surprise eviction, armed with hammers and metal bars provide her with alternative land to become easy for them to access loans from Syukau had been fighting attempts brought down all the 11 houses at the settle on. To him, the eviction order financial institutions. by her husband to disinherit her of compound within 30 minutes. was the least he expected to happen Kilimo said it is only through formation the land where the family homestead The Strength of a Woman as natural justice dictates that the land of cooperatives that residents in the region and farm were located. She had even gathered that the auctioneer was belongs to Syukau as she had lived on could market their farm produce collectively filed a case before the Mwingi Senior executing a court order to evacuate and cultivated it for the many years she and get better returns. Resident Magistrate’s court seeking all the buildings belonging to Syukau has been married. According to the JICA/JKUAT orders blocking an attempt to dispose Lisi’s family on the plot of land as it Migwani District Commissioner programme coordinator Joan Mugambi, the land. had changed ownership. Were Simiyu said he had heard about there was need to empower women through In the meantime, the husband who The Machakos court had issued an the bid to eviction of the elderly education and training. is sickly stays at the home of Syukau’s order to the new owner of the land — woman from her land following a court “We have to train our women on the senior co-wife in Kangundo District. Rose Ongili — who is Syukau’s step order but said he would investigate to need of making maximum use of the It is alleged that due to pressure from daughter. find out whether anything fishy was available resources in their areas,” she said. some of his grown children, the man However, the auctioneers did not going on. Mugambi noted that phase one of the has made several futile attempts to have it easy executing the court order “Since this matter is still a subject programmes funded by JICA was started disinherit Syukau of the plot of land as angry villagers initially physically of a court case, I cannot comment but in Marakwet, Turkana, Narok and Kisumu where she lives with her children. opposed the move to demolish the I wonder whether the land tribunal and will be rolled out to other districts that A visit to the homestead soon houses. The police had to lobby a sanctioned the change of ownership of include Mwingi, Isiolo, Mombasa and Garissa. after the auctioneers came calling; number of tear gas canisters. It was the land in question.” Strength of a 18 Special Edition: Women, Land & Property Woman December, 2011 Legislation on land must ensure women enjoy their human rights By Jane Godia comforting his sister-in-law? Was this lost their partners. of the activism against gender based vio- woman not human? Did she not have the Human rights of each and every indi- lence, this day reiterates that it is only ecently, a very prominent doc- right to human and women’s rights? vidual must be respected, including that elimination of violence against women tor in Kenya who was operat- Human Rights Day will be marked all of widows. The National Land Policy that will lay a strong foundation to en- ing from the Coastal town of over the world on December 10, 2011. 2009 recognises human rights for all sure that their human rights are respect- Mombasa died. His brother, a This will also mark the end of the 16 days Kenyans and protection against discrimi- ed and upheld. This includes respecting pastorR with the Anglican Church of Kenya of activism against gender based violence natory laws, customs and practices. their right to inherit and own property. in Ugenya, Siaya District decided that campaign which started on November 25. Recognition, protection and registra- When women suffer violence as a re- his widow had no business being in his While violence against women has tion of community rights to land and sult of being denied their right to inherit house, as she had not had any children received a lot of global attention, not land based resources taking into account property, their children also suffer in the with him. The doctor and his second wife many people link it to their human rights. multiple interests of land users includ- process because rarely will a woman go had married according to the commu- It is always being stressed that women’s ing women is one factor that the Policy away and leave behind her children. nity’s traditions and even held a church rights are also human rights. This is highlights. By ensuring that women’s human wedding to legalise their marriage after why when we campaign to end violence The National Land Policy is key to rights are respected and protect, their the death of his first wife. They had lived against women, we must also fight for ensuring that legislation around land will access to property and land will be together for more than ten years. their rights to be given due recognition. ensure effective protection of women’s made easier. Eventually this will lead to Why did this man of God feel that One area where women, particularly rights to land and related resources. The reduction in poverty levels as food and his brother’s wife did not deserve to those from Africa have faced violence legislation must enforce existing laws accommodation will not be problem. be in the home she had been living is in times of land and property and establish a clear framework to pro- This is especially true where a home was in irrespective of whether they had inheritance. Many communities, and tect inheritance rights of women. This bought or constructed by the father/hus- children or not? Was not this the woman individuals, whether learned or illiterate will then put in their tracks, men like band before he died or if in the case of who took care of his brother in good and have treated women’s right to land the pastor from Siaya who felt that once rural women, they already had a home- bad times? Did she not nurse him in his and property ownership as well as his brother had died, then the widow stead put up for them. sick bed only as a wife can do? inheritance with contempt. had no business being in the homestead. It is, therefore, important that as Where did the Pastor leave his moral Mistreating of women and meting By setting out to observe the Inter- Kenya gets underway in writing legisla- ethics as he, a man whom society ex- violence on them when it comes to national Human Rights Day, the United tion on land and property rights, wom- pected to defend and protect the disad- their rights in relation to property and Nations was looking at how to reiterate en’s human rights must be paramount if vantaged including widows, should have land cannot be understated, and the the issue of dignity and justice for all, the Millennium Development Goals and been at the forefront of defending and case gets worse with women who have women included. In being at the tail end Vision 2030 are to be realised. Land issue in slums remains a thorny issue BY HENRY KAHARA communities are not yet to come into terms with the fact any may think that land that women can own property problems are only witnessed especially land. in developing areas and “From the time we passed choose to keep a side slum on the Constitution we were areas,M but this is far from the real truth. freed from inenequality and Jane Njoki Uhuru a resident at discrimination there is no man Mathare slum is one of the victim who or woman when it comes to tells it all. Njoki has already bought three rights we are all Kenyans,”says plots of land in Mathare area and today Njoki qouting Chapter 4 she can only get access of two. Not that Part 2 (27) Equality from the third one is an productive but the discrimination. An aerial view of Mathare Valley in Nairobi. — HENRY KAHARA area leader has been barring her from Although Njoki has already utilizing it. reported the matter to the area and he has written to the leader and has Kabaka Soyu and mzeeOnjoro want me to “I was given this land by the project chief and at Muthaiga police station summoned him to his office but he has pay them or to give them a piece so that and I even have the card which they gave nothing more had been done as the area defied the orders,” says bitter Njoki. they can allow me to construct my rental me but whenever I construct a rental leader has defied the orders. “Last time I reported him to houses here but this is my property and I house in my third plot, the area leader “I have reported this to the chief, Muthaiga police station, but when he will not,” she swears. Mr. Eli Odhiambo incites boys to come was summoned he thretened to evict me According to her this is jealousy and destroy my house,” says the mother from this area,” she says adding that even and tribalism as during last year 2007 of three. post election violence never went to that post election violence not even a single Njoki says that land situation issues extent. property was burnt or stolen as she were are worse in slums for you can hardly “I was born and brought up in with her husband who shares the same separate them from tribalism. Mathare and he is threatening to evict tribe with the area leader. “Things are bad here for we are me where does he want me to go, even “My husband is a friend to this men composed of diverse communities for you post election violence never evicted me,” but he is at home for he is a polygamy, can’t know whether somebody is against she recalls. I have been calling her to come so that you because you come from different Njoki who her land is located near we can solve the issue together but he community from his,” she says. Mathare river, plot no.H093, had it is claiming to be busy harvesting and Njoki says that the last house to be “I was born and earlier located near Baraka Hospital plot preparing the land for planting,” says demolished was late August this year no.G078 but it was transferred to that Njoki fire wood supplier. (2011). According to her the house has brought up in Mathare area by the project owners (Germans) Njoki is not the only victim Peter cost her more than Kshs500, 000 but due to bad politics of the area. Kariuki says that his business was burnt she even didn’t get any benefit from it and he is threatening “Before my plot was near the hospital during on January 2008 and nobody has for they demolished it before she had to evict me where but bad politics made the project owners ever taken a step to speak for him and recovered the money. to transfer me to this area, I never others who suffered the same loss. “I built the house and barely two does he want me to wanted it for the environment is not For now Kariuki who has opened months down the line they came at night conducive for business but I had to,” says a new business says that he is not in a around 11pm, and destroyed it,” says go, even post election Njoki a mother of three. position to do it well for some people has Njoki who adds that when they came to For now she says that the area leader built vibanda outside his business. check what was going on the boys threw violence never has been telling her to give her a piece of “I was born and brought here in stones un to them. evicted me.” land so that she can be allowed to build 1969; we are eight children my mum Although she is not sure of the reason house without interruptions. used to tend this land here before the behind the hostility Njoki says that some — Jane Njoki Uhuru “The area leader and his two friends projects begun. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 19 HIV and Aids pose challenge to land and property inheritance By Paul Mwaniki her husband. “I came to know the o many people, mentioning whole truth in 2007 the phrase “writing a will” when I was pregnant might be seen as a bad omen and had to go for or a prediction of death. ante-natal care. This IssuesT dealing with dividing what is when I learnt that I you have at an early age are unheard of was HIV positive and and only left to few elderly men as other what followed was a would better die while clinging to their long battle with my wealth. husband and countless In Central Kenya where land is highly separations,” Nyaguthi valued when it comes to inheritance remembers. She matters, cases are piled up in court with explains: “We finally brothers suing each other for taking what buried our differences was meant for them after their father’s and I decided to continue deaths. taking care of him as his In most of these cases women are health was deteriorating not regarded as beneficiaries of these and none of his family properties. The tradition has been that members wanted to be Top: Widows denied access to their land after they are subject to getting married and near him and our two their husbands’ death under GROOTS, Kenya will get property through their husbands. children.” dance with women prisoners at Nanyuki Her problems started However, this contrary to the new Prison during an educational visit. Inset: ID immediately after his Constitution’s doctrines that has given with name of her late husband shows she was equal rights to all members of the family death. “Before coming married to him. — Pictures: Paul Mwaniki in owning and inheriting property. back home due to poor on the ground and as we continue The Constitution guarantees health, my husband used empowering other women we need equitable access to land rights, efficient, to work in Nairobi and to have every law in our finger tips productive and sustainable use of land after our entire struggle just like we are doing with the new by all and specifically prohibits gender to put together a family known to be home throughout their 12 Constitution,” she advises. discrimination in law, customs and he died in 2009,” explains Nyaguthi. She years of marriage. Under the Grassroots Organisation practices related to land and property. recalls: “My in-laws put the entire problem “They convinced me to leave Matanya Operating Together in Sisterhood Women have experienced gross on me. They accused me of infecting my since I was visiting the Nanyuki District (GROOTS Kenya) over 20 women, disparities in land ownership as well as husband with the virus despite knowing Hospital many times due to my health some of whom have been evicted from discrimination in succession, transfer very well that he is the one who infected and that of our son,” recalls Nyaguthi. their homes following deaths of their of land and exclusion in land decision me.” She adds: “My mother-in-law told me to husband as a result of HIV, have been making processes. settle in a house she had in the village. campaigning strongly for women’s rights For Lucy Nyaguthi, a widow from Death certificate I thought this was a good idea but after especially on issues of property and Matanya in Laikipia Central District and They even tried to block her from only one week, the same mother came land. a mother of five, a will could have totally signing the death certificate form at the and told me the house had been sold and For Mary Muthoni, a mother of three changed her life if her late husband had hospital where her husband had died the new owner w moving in immediately. who hails from Daiga in Laikipia East written one. on allegations that she was too sick and After the eviction she went back she was not even allowed to bury her Nyaguthi who has gone open on could not reach the medical facility. to live with her brother but has since husband. her HIV positive status was widowed in “However, a nurse at the hospital relocated to Kwa Mwea where she does “I feel very sad as I was thrown out 2009 and was left to take care of three said they knew me and I could make it manual jobs to cater for her son and of my home by my brothers-in-law who children, the last born being six months there since I was always there during his daughter. said that I had not contributed anything old and also HIV positive as two had illness,” says Nyaguthi amid sobs. Nyaguthi is also involved in care to the wealth of my late husband,” says already died. Immediately after the man’s burial, giving and education to the HIV infected Muthoni. “After the burial they shared By the time of her husband’s, death the family organised secretly of how she persons in Laikipia. everything we had and never thought of they were living in their four acre farm would be evicted from what she had “One thing I am proud of is the new their brother’s children but I have gone in Laikipia Central District where they constitution; whenever we are involved to court over the matter and the case in reared animals and lived in harmony with with our training and care giving we on-going.” her in-laws. are strong in telling people about how Laikipia Groots coordinator much the document will do especially in Winnierose Mwangi says they are also Harmony liberating women,” she notes. taking care of two orphaned children who As she narrated her story to Strength She lamented that her in-laws were thrown out by their uncle after their of a Woman, Nyaguthi who lives in a sold her four-acre land and there is parent’s deaths and all their property single room at Kwa Mwea Village in nothing she could do as it had already seized in Rumuruti. The children were the outskirts of Nanyuki says problems changed hands and the new owner even denied a chance to attend school. started when her husband Christopher had put a lot of effort in developing it “The boy and girl who are under the Kibanya tested positive in 1996, only one terming. care of one of our members were rescued year after they got married. He stayed in At the same time, despite neighbours by neighbours who always saw them denial and never disclosed it to his wife. having known her and the family, no one working in the farm all day while their “We lived on hoping that all was well came to her rescue, not even the area cousins went to school,’ says Mwangi. but my husband despite knowing the chief. “The neighbours became concerned and danger he was putting the entire family “The location land committee do contacted us for assistance and through never spoke a word,” explains Nyaguthi. “However, a nurse at not in any way help people solve the the provincial administration we are “At times he was very rude to me and problems. Those sitting in the committee following the matter.” we even had children who developed the hospital said they are the same wazee who oppress Mwangi observes that most women problems and two died at home since he knew me and I could their daughters-in-law and there is are being subjected to these problems never produced money to take them to nothing much expected of them in the but do not know where to seek hospital.” make it there since committees,” notes Nyaguthi. assistance. Nyaguthi recalls that whenever the However, she does not understand Currently she is only armed with children got ill, she would buy drugs I was always there the land policy and hopes more could be her ID card that after their traditional over the counter. She regrets never during his illness,” done to educate people on the ground marriage was changed to include her late taking them to hospital as she could have about it. husband’s name instead of that of her known the real problem and confronted — Lucy Nyaguthi Kibanya “We are the most affected people father. Strength of a 20 Special Edition: Women, Land & Property Woman December, 2011 A time bomb that is unresolved land issues Gusii ready for By Odhiambo Orlale new Constitution enyans have been maimed, divorced, killed and/or gone to By Bob Ombati war over land disputes pitting siblings, couples, neighbours ackson Nyang’au, 80, a resident andK communities against each other. of Kisii County has witnessed There is no doubt that land is one violation of the rights of the girl- of the most sensitive and explosive child over time immemorial. issues in the country today. However, JNyang’au, a father of seven — three sons it is women who remain on the and four daughters — says culture has been receiving end. retrogressive and discriminative towards the Though women form 52 per cent of girl-child. the 40 million Kenyans and are major He observes that the new Constitution players in the development of the coun- allows parents to treat their children equally try, they have been getting a raw deal including in bequeathing them land and as far as land ownership due to social- other properties. cultural factors and gender blind laws. Nyang’au, who has divided land to his The status of women remains sons, is only left with his Emonga (special relatively low with inequalities and portion) which will automatically revert to inequities prevailing in many aspects. his last born son when he dies. Historical injustices that are The portion, which is relatively small can bedevilling the country today have links be fallow or used to grow crops only changes to pre-colonial days when the Sultan of hands after the parents have died. Zanzibar conquered the coastal strip “One of my daughters has no stable of East Africa and then ‘acquired’ a marriage. She is always with us. So, I will ten mile strip that was followed by the hand down my share to her so that she can colonial administration that took over also take care for her children,” explains the prime farms in the Rift Valley and Nyang’au. parts of Central Province by displacing He adds: “We should discard most of the residents. retrogressive cultures and traditions and The post-independence regimes of change with times. It is imperative that we presidents Jomo Kenyatta and Daniel conform to modern realities of life.” Moi did not do any better as they failed He observes that all children should be to answer the land question and instead given an opportunity to inherit land and created more settlement schemes across other property from their parents. the country. They also dished out prime Land is a highly treasured property land to their cronies and kinsmen. second to food and money in Gusii. Any time The recent land clashes related to land issues are raised, they elicit emotions post-election violence in the past two especially during tussles over ownership. decades has left thousands of men, Gusii community is highly patriarchal but women and children displaced. the reality is dawning for the traditionalists Indeed, next to politics, Kenyans are that the society has to peel off the ready to do literally anything to acquire, traditional cultural skin to fit in the modern purchase and/or preserve whatever and progressive society, which recognises parcel of land they desire. the rights of children regardless of their sex. The recent evictions in Syokimau Stereotypes associated with the area of Mavoko District near the traditional girl-child are slowly fading as the Jomo Kenyatta International Airport new law that recognises the rights of children is testimony of Kenyans’ love for land and accords them equal rights in property and the extremes that they can go to ownership and development takes effect. ensure that they own it. It cannot be gainsaid that families have Desperate faces of weeping and broken up in Gusii over lack of male children devastated women and children brought Knock! Knock! Anyone at home? No. Only women, goats, cows and regarded as the heirs of their parents’ to the fore the time-bomb that is the children. A pensive Beatrice Mtawa from Samburu told Strength of properties. Women who have not borne unresolved land question in the country. a Woman that her community regards women as property along children have been scorned and disregarded. The media is awash with gory with the cows, goats and children. Below: Kenyan IDPS scramble for Contrastingly, men who sire only female stories and photos or films of husbands food at a camp. Some of these women own land and other property. children are regarded as not ‘men enough’. selling family land behind the backs of — Picture: Correspondent This forces them to push their wives into their wives and children leading to open having many children in the search for a conflict and animosity, if not murder. male child. However, these scenes may soon headline of Gender and Equity Princi- ship of matrimonial property, shall be Land demarcation has traditionally been end if the Sessional Paper No 3 of ples, culture and traditions were singled deemed to rest on the spouses in equal done for male children with the assumption 2009 on National Land Policy, the out as continuing to support male inher- shares irrespective of their contribution that the female children will be married and new Constitution and the Matrimonial itance of family land while there was lack of either of them towards the acquisition claim their shares from husbands. Property Bill 2011 which have taken a of gender sensitive family laws. thereof, and shall be divided accordingly Few religious leaders have dared share deliberate stand to address the issue of “Women are not sufficiently repre- upon the occurrence of divorce or dis- their properties including land with their land ownership, access and inheritance. sented in institutions that deal with land. solution of the marriage provided that in daughters and sons. Under the land issues requiring Their rights under communal ownership appropriate circumstances a determina- Nyangau’s counsel is that children special intervention in the National Land and group ranches are also not defined tion can be made during subsistence of should focus on the value of the land and Policy, the following related issues were and this allows men to dispose of family the marriage. not the size, stressing that as land shrinks, highlighted: historical injustices; pastoral land without consulting women.” And in the same spirit, the Consti- majority Kenyans will be forced to embrace land issues; coastal regional land issues; However, things are changing at tution under Land and Environment intensive farming to reap maximum benefits land rights of minority and marginalised the recruitment of public and decision- Chapter Five, Article 60, which states from their shredded pieces of land. groups; land rights of women; land rights making levels. With the Land Policy categorically that land in Kenya shall be He advises Kenyan men to consider their in informal settlements and for informal in place, land management will take a held and used in a manner that is equita- daughters when sharing family properties activities; land rights of children; and different turn that will see an end to ble, efficient, productive and sustainable; to avoid contravening the provisions on the impact of HIV and Aids pandemic corruption and discrimination. and with the following principles – eq- land issues in the new Constitution and on agricultural production and access to The women’s rights are further up- uitable access to land; security of land land related conflicts which sometimes end land rights. held in the Matrimonial Property Bill tenure; and sustainable and productive tragically. In Article 220 of the policy under the 2011, Article 8, which states that owner- of land resources. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 21 Woman evicted as husband absconds By Kariuki Mwangi demolishing the house she was living in. right to be in that place or be involved According to Margaret Kariuki, “He was demolishing the house using with any of his property at the home. programmes secretary at the Women in aving a happy family is metal bars without bearing in mind that The only person who took sides with Need Network, they receive many cases usually the dream of every me and the children were inside,” says her is the father-in-law but due to the of domestic violence related to land and woman but for one Margret Kaimuri, who was injured in the process fact that all the others were against her, property ownership. Kaimuri from Mbiruri, Embu as she tried to salvage some goods from he could not do anything about the issue. “Most of the affected women are EastH District, the family has been a thorn the house. Kaimuri says her three children illiterate and have no idea of where to the flesh. The man demolished the house with aged 13, 9 and three were taken in by report the cases,” says Kariuki. Kaimuri was married 14 years ago everything locked up inside. The only a neighbour who took care of them for Currently they have been able to before the marriage that was marred in things Kaimuri was able to save were few one week before introducing her to the provide a safe haven for eight families ups and downs ended with her being clothes. Women in Need Network, a community where the children are also able to access forcefully evicted and thrown out with Upon inquiry of what was the reason based organisation that takes care of schooling. They have also been trying to her three children. behind the demolition, Kaimuri was told women with challenges. seek legal assistance for those affected. With tears flowing down her face, that the family had decided to chase Kaimuri is now calling for intervention Kaimuri narrates how her husband of her away arguing that the church she Shelter by appropriate authorities so that she can 14 years left their home for Kisumu in attends is a cult whose beliefs caused The issue was reported at the access the farm and earn be able to earn 2008 in the name of looking for a job her husband’s disappearance. Runyenjes Police Station and at the a livelihood for her children. She says to be able to cater for the wife and the “They alleged that I used the powers district gender office but no action was despite the fact they do not want her in children. of the alleged church to drive my been taken. Kaimuri and her children are the home, the children have a right to Since then he never came back husband away from home so that I could now under the care of the organisation their father’s property. to them and does not bother about take over his land and benefit from it,” where they have been sheltered. The “These well-wishers cannot be able the children. However, her in-laws she says. They told her to quit going to children are also able to go to school. to sustain and educate my children for blamed her for being behind their son’s that church or face eviction. Efforts by village elders to bring the rest of our lives and I am disturbed departure. Kaimuri says that even after her them together and work on a solution that I cannot take care of my children,” Since 2008 when her husband left, husband, Bernard Mwaniki, was called for the crisis has not borne any fruits she observes. Kaimuri had been living in peace with and informed on what had befallen his as the brother-in-law fled shortly after Kaimuri now works as a casual the in-laws until three months ago when family, he did not take any action and committing the act. The family says no labourer in the various farms in she woke up to find her brother-in-law instead sent word that the wife had no talks can take place in his absence. Runyenjes. Making the Land Policy Provisions Real

omen’s rights to land in for posterity In this regard; there should Kenya are limited in all be greater regulation of land rights to land uses – agriculture, ensure that land rights promote greater pastoralism and urban public good and also an alignment of rights development.W Indeed women’s access By Patricia Mbote to responsibilities. to, control over and ownership of land is Land rights should, for instance, be mediated by customary norms that hold linked to resources on the land. In this that land is too important to be held by way, women’s rights to land will include women who are seen as transient. rights to environmental resources, genetic Indeed in some communities, and rights of pastoralist women to land. women’s rights to land by firstly, seeking resources and knowledge associated with women are perceived as property to Provisions requiring the representation of to have the land question as a 2012 the land and resources which is a more be owned and not as persons capable both genders in elective and appointive election issue. robust rights’ regime. Further, land rights of being property owners. These views positions are also geared to ensure that The main challenges in the way of should incorporate ecosystem goods and limit women’s enjoyment of other rights women get into land administration bodies land reform in Kenya have been identified services and be linked to sustainable since land is both the basis of identity as well as dispute resolution forums. as: State sovereignty over land; unequal environmental management thus ensuring and belonging at the national, local and Despite these provisions, women’s distribution of land resources; the plurality that the needs of current generations are family levels. It is also the proxy for rights to land remain one of the most of property systems and tenure insecurity; not met at the expense of the needs of women’s enjoyment of political, economic contested issues in Kenya. While national unsustainable management of the future generations. Both the Constitution and social rights. Women are closely Constitutions - as the supreme law of the environment and natural resources; the and National land Policy articulate associated with land through production land- and land policies - as roadmaps for need to enhance agricultural productivity sustainability considerations which can of food but in most Kenyan communities, way forward - provide a good fulcrum for and other land uses; HIV/Aids among amplify the provisions on women’s land women do not own land or other women’s empowerment, they are not self- others. rights. immovable properties - they have use enforcing. Vigilance is needed to ensure There is a gender variable in all these In a nutshell, legal and policy reforms rights, which are hinged on the nature of that the rights are realised. factors and by addressing them, land through facilitative provisions are only the relationship between them and men Women’s rights to land have to be reforms that have remained a mirage the beginning of a much longer journey who own the land as husbands, fathers, contextualised within a broader context will be realised including women’s rights towards gender equity in land matters. brothers and even sons. This places of insecure rights to land for many poor provided for in both the land Policy and Social engineering to change attitudes is women in a precarious position in terms Kenyans and youth. The wave of evictions the Constitution. a critical leg of the journey that we must of survival and livelihoods and also stifles and demolition of property occasioned Secondly, women should require that make if land rights are to be secured their effective role and contribution to by illegal and irregular allocation of land addressing the land question adverts to meaningfully for the women of Kenya. national development. nuances women’s rights to land. social aspects and not only to economic, How soon we take off on that journey, only With agriculture and other land While the expectation with the political and legal issues. Focusing on time will tell! based natural resources being the main promulgated of the Constitution and the social aspects would bring relational In the meantime, there is need for sources of livelihood, the consequences in the implementation of the National aspects to the fore and thus allow for awareness raising and capacity building for women not owning, controlling or land Policy was that the culprits of women’s claims against other people, to ensure: Increased knowledge and accessing land are grave. such evictions and demolition would be promoting value-enhancing relationships awareness of the legal and policy Land reform seeking to restructure the land grabbers, the poor, including between the property holders and the provisions; enhanced participation of and redesign property, use and production women, have become the victims of land society; and neighbours and family women in decision-making; and demand structures and attendant support grabbers who have offloaded illegally and members. for acceleration of legislation and services has thus focused on women’s irregularly acquired land to unsuspecting Most significantly, this would be a implementation of gender sensitive laws rights to land under the broad goals of Kenyans. recognition of the fact that land rights and policies regarding land and property. justice, fairness, inclusion and equity. It is therefore imperative that the mesh with social assets such as family In this regard, a broad range of Both the National Land Policy and the quest for women’s rights to land address relations, belonging to group and worship interventions are required namely: civic 2010 Constitution of Kenya guarantee the different causes of dispossession sites that are not be transactable in the education; advocacy and research. Media women’s rights to land laying particular because gender is a factor in all of them. market place. Thirdly, women should campaigns and documentaries highlighting emphasis on the rights of women to Women need to be innovative and require that rights of ownership to land salient issues on women’s rights to land matrimonial property, rights of widows proactive in drumming up support for are subjected to the greater public good are vital for each of these interventions. Strength of a 22 Special Edition: Women, Land & Property Woman December, 2011 Communities must be involved in Women challenged on their rights writing new laws By Edna Mokaya

egislation governing land inheritance have not been adequately. Historical injustices at the Coast has left La majority of the population either as squatters and landless. Of this population women and children have suffered the most and continue to suffer yet they are the primary managers of land resources. At the Coast land remains a sensitive that requires special and sustained interventions to be solved. It is a fact that many women at the Coast are not aware of their land rights and the few who know their rights do not know what procedures to follow or institutions to consult in claiming infringed rights. For example, Jane Katana, 46, is widowed, her husband died last year. Katana did not know her rights and she lost everything after her husband died because her in-laws took everything Goodwill: A well cultivated land in Mpeketoni, Lamu. Chiefs in the away, leaving her and the children By YUSUF AMIN area have been asked to lend a supportive hand to women so they can defenceless. rightfully acquire land. — Pictures: Yusuf Amin “My husband did not write a will. he provincial administration Immediately he was buried I was shown has been called upon to help civic education among all sexes on the openly to fight traditions that hindering the door by my in laws,” she said. women in their land and rights of women as enshrined in the them from getting their rights in the According to Benjamin Odhiambo property rights. Constitution. society. THowever, this can only happen if “Chiefs are the ones who can fight Mwambire said for a long time of Kituo cha Sheria what is required are clear programmes designed to the community rises up and unites to land inheritance discrimination in the women in the district have been so reconstitute and strengthen land rights eliminate gender discrimination. society and they should go round and quiet especially in matters of leadership. A women’s group in Mpeketoni, teach the people, especially men, who He urged them to take advantage of of rural communities especially women Lamu County has called upon the say that women have no right to inherit the constitution to demand for their so as to protect them from further community to come together to family land since they are married to land rights and engage in agricultural marginalisation and discrimination. wipe out gender based violence and other families,” noted Gathoni said. production. “Such programmes must in discrimination especially in land At another public baraza in Vitengeni “If women can access land in particular seek to guarantee a secure inheritance for women. Division in Ganze District, the area the society there would be a lot of land rights framework for the poor Mpeketoni Multi-Purpose Women’s councillor Teddy Mwambire urged development in the community and the and the marginalised groups, ensure Group, has vowed to mobilise women women not to be cowards and come out poverty being experienced in the district equal distribution of productive land to fight for their rights which have been will be reduced,” noted Mwambire. and redress historical land grievances,” undermined for a long time in the whole notes Odhiambo. region. Community He says that there a need to Led by the group’s secretary Grace At the same time Kilifi District Gathoni, the women noted that they sensitise the community on the Commissioner Katee Mwanza has asked have been sidelined in the community provisions of the National Land Policy the local community to cooperate with for a long time when it comes to making the provincial administration to end the and Chapter Five of the Constitution to decisions with regards to land. They squatter problem that has been thorn in enable them further participate in the regretted that land inheritance has the flesh of the district leaders for a long constitution implementation process been the centre of conflicts among most time. and specifically land reform, from an coastal communities. Mwanza noted that the provincial informed position. Gathoni urged women to read the administration was working closely with He said that public is very crucial Constitution as they will be able to the Land and Settlement Ministry to in the implementation process as it understand that they can fight for their ensure that squatters are resettled in assists in making an informed and rights. the settlement schemes that have been integrated decision on matters of Knowledge established by the Government. public concern. He revealed that Gathecha “To ensure that the public is well “This will enable women get their “This will enable Settlement Scheme, Kapecha, Kibarani share in inheriting family land in areas Settlement Schemes and others that are informed, there is need to continually like Kilifi and Lamu counties where women get their share on the process of being established and hold public forums and present bills squatters have been a problem for a long in inheriting family urged the residents against politicising to the community for comments time,” reiterated Gathoni. the programme. and recommendations. It is these She noted that the Constitution was land in areas like Kilifi “Every landless person will get views that are further consolidated opposed to discrimination and called land in the settlement schemes and together and presented to the relevant upon community leaders to help end and Lamu counties they should be patient and cooperate institution for generation of polished the misconception that women cannot where squatters have with the relevant officers,” reiterated laws,” he advises. inherit land. They should also help to Mwanza. Odhiambo challenges Parliament ensure that there was equal distribution been a problem for a He called on the local leaders in to enact the Matrimonial Bill so that of resources. the district to come together and issues of inheritance are taken care of. She also urged chiefs and sub-chiefs long time,” reiterated seek a lasting solution to the squatter who are on the ground to conduct — Grace Gathoni problem. Strength of a December, 2011 Woman Special Edition: Women, Land & Property 23 Owners without title deeds: Culture, customs and Aids undermine women’s property rights By Dr Akinyi Nzioki divorce or separation. On the other hand, land ulture and customs continue distribution to the landless to support male inheritance and re-settlement schemes of family land. The lack is often biased towards male of gender-sensitive family heads of households and lawsC has created a conflict between invariably the registered constitutional provisions on gender leaseholders are men. This equality vis-à-vis customary practices that leaves women particularly discriminate against women in relation to disadvantaged in the event land ownership. of widowhood, divorce or Moreover, international conventions polygamous unions. of women’s human rights dealing with property, which have been ratified by Divorce the Kenya Government, have not been Upon divorce, women translated into policies or laws. lose access to re-settlement When it comes to land inheritance, land, as they are the ones women are regarded as neither who get evicted and not belonging to the homes where they were the man. Again, women are born nor to where they are married. not sufficiently represented Women’s access rights to use land are in institutions that deal also associated with their relationship with land — land boards to men — as mothers, wives, sisters or tribunals are generally From left: Mary Getui, National Aids Control Council chair. Centre: Esther Murugi, or daughters. Again, women’s rights dominated by men and Minister Special Programmes. Right: Alloys Orago, Director Nacc at the Laico to land continue to be determined by women’s representation Agency in Nairobi. They awarded 24 women for leading the fight Against HIV and their marital status, and by laws of male remains limited. other forms of family discrimination. — Picture: Courtesy UNAids inheritance, succession and divorce. Besides the open The draft National Land Policy discrimination women face, land is the single most dominant asset livestock and property tenancy and recognises that gender, equity principles they also have to shoulder the extra for the poor and non-poor households in ownership, are vested in men. and the impact of HIV/Aids pandemic burden of HIV/Aids. rural Kenya. It is important to recognise In most cases, widows are on agricultural production and access HIV/Aids in Kenya in not just a major that the impact of HIV/Aids on rural disadvantaged because they do not have to land rights as special areas requiring public health problem and development household is not equal. The poorer any property — the land and property is concerted effort. challenge but is increasingly creating households, those with small land often grabbed by in-laws under the guise severe negative socio-economic effects. holdings, are much less able to cope with of custom. Such practices, commonly Family heads The realisation that Kenya was losing the effects of HIV/Aids than wealthier experienced by survivors of Aids, have Generally, title deeds are given in 500 people daily to HIV/Aids led the ones. HIV/Aids infection ultimately left affected households destitute and the name of the head of the family or Government to declare HIV/Aids a stretches the resources of a household more vulnerable to further consequences. group representative, whereby by such National Disaster. More than a million beyond its limits as both material and In certain communities, a widow could heads or representatives are often men. people have developed Aids and died non-material resources are rapidly also lose her husband’s property if she The problem is that titled land is being since 1984, leaving behind close to one consumed in caring for the infected. does not marry his male relatives, a transferred almost exclusively to male million orphans. As a result the major survival practice referred to as “wife inheritance.” individuals — as husbands, grandfathers, The increased vulnerability of women strategies often include sale of assets. fathers or sons, without provision for to HIV/Aids in Kenya is further worsened More evidence is emerging that even Disadvantaged how women’s rights are to be defined by unequal inheritance rights to land. land, the most important agrarian asset, The result is that women’s inferior and determined. Fathers continue to It is now widely recognised that may not be spared in the quest to cope economic and social status directly transfer land to sons only. all spheres of public policy, including with illness. The effect of HIV/Aids on increases their vulnerability to HIV, and Adjudication and land tilting is land, have to be rethought in relation individual land rights presents a clear limits their ability to control their sex being conducted in favour of the already to the HIV/Aids crisis. Given the manifestation of the impacts of the lives and protect themselves. established patterns, thereby, denying disproportionate degree to which women epidemic on the land sector. HIV/Aids The land policy recognises poverty, women their share in family land. The are affected by the spread of the virus, affects the terms and conditions under HIV/Aids and gender as crosscutting positive aspect of the customary norms both in terms of infection rates and as which individuals and households access, issues. It states that, resources shall which ensured women’s rights of access primary caregivers to people infected with own, use or decision making positions be channelled in a targeted manner to to land and inheritance, as well as security HIV/Aids, it is critical that such policy and held by women and men over land. address poverty-related and HIV/Aids- of tenure over family or community land, legislative interventions be gendered. Discriminatory property and occasioned problems. are not recognised in the title deeds. inheritance practices compromise Youth and women must be Despite the law allowing anybody Poverty women’s ability to fall back on coping empowered as part of the struggle to to own land regardless of sex, only five The impact of HIV/Aids is felt most options — particularly in Aids-affected eradicate poverty. Youth and women’s per cent of women in Kenya own land acutely at the household level with rural households. This has severe concerns will be part and parcel of anti- registered in their own names. A large the burden weighing most heavily on repercussions for women and economic poverty programmes. number of women have limited economic the poorest households, most of them security of the household. Title deeds The new policy recognises the resources and also lack decision-making headed by women, those with the fewest issued in the name of male heads of impact of HIV/Aids on total economic power at the household level to buy land resources with which to cushion the households, leave women without secure productivity, especially on utilisation and independent of their spouses. economic effects. tenure in case of divorce or death of a production from land based resources. Although the Law of Succession HIV/Aids, like all communicable husband. Poverty breeds powerlessness Rural settlements might need to be Act provides for wives, and all children, diseases, is linked to poverty. — the inability to control one’s life. reorganised with a view of rationalising including daughters to inherit property Understanding the complex relationship Often, women are forced to endure an agricultural production systems. and titles, specific socio-cultural factors between poverty and HIV/Aids is abusive relationship to safeguard their Further, the policy states that the hinder them from enjoying this right. central to appreciating the impact of access to land through their husband, pandemic has adversely impacted on the Often, women have been forced to the pandemic on the rural livelihoods. rather than seeking a divorce and with property rights of widows and orphans, surrender their titles to male relatives, Poverty is a key factor in the spread of narrow coping livelihood strategies who are invariably disinherited of their relinquish their inheritance rights or sell HIV/Aids and at the same time, HIV/Aids available to them. They may compensate family land wherever male household land cheaply as a result of social pressure. can impoverish people in such a way as by undertaking risky livelihood measures heads succumb to illness. The HIV/ There is no law that governs property to intensify the pandemic itself. such as engaging in unsafe sex. Aids pandemic thus underscores the belonging to a married couple. Most of To bring the nexus of land and HIV/ When husbands die, many women urgent need to reform cultural and the time, matrimonial property, including Aids into context one has to understand find themselves dispossessed of the legal practices that discriminate against land, is registered in the male spouse’s the centrality of land to social and home and land since the rights to certain women and children with respect to name. Problems arise upon death, economic safety nets of household — as assets, including agricultural tools, access and ownership of property. Strength of a 24 Special Edition: Women, Land & Property Woman December, 2011 Land and property disinheritance By Ken Ndambu “I am caught up in a vicious cycle as the emories of the death of same clan is forcing me Ngei Mulwa six years ago to repay money I do not is still vivid in the mind have,” narrated Mithe to of his widow Christine members of the meeting Ngei.M “Were it not for harassment and held at Kyusyani market mistreatment by his relatives probably in Lower Yatta District, I could not be remembering him Kitui County. that much,” the middle aged woman Christine and Mithe narrated her ordeal in the hands of her are some of the widows in-laws. Christine then removes her and orphans in the region handkerchief from her handbag and who are traumatised wipes her tears as she recalls the sad by myriad of problems moments she has undergone since the of land property death of her husband. disinheritance and hope She then gains courage and gives the new Constitution the testimony of the experience she has will empower them to lived with after the husband passed on inherit property of their deceased husbands. to attentive stakeholders at a land and A section of widows and victims of land and property disinheritance listen to Thanks to a property disinheritance of widows and proceedings at the Kusyani Stakeholders’ meeting. Below: Groots-Kenya Programme orphans by deceased relatives meeting programme dubbed Officer Ann Sabatia. — Pictures: Ken Ndambu in a remote Kitui village where the vice Women and Property is high. Watchdog (WDG) which Christine says after the husband died has come out strongly property are infringed. Although the new Constitution in 2006, she was left under the care of to sensitise widows, orphans and other Kitui Paralegal Coordinator Josphat recognises the clan, traditional norms the brother-in-law who first promised to vulnerable groups on their rights on land Kasina said most of the cases brought and cultural values which tend to impede help bring up his late brother’s siblings and property inheritance. to his office by widows and orphans on justice to vulnerable members of the but later turned to be a thorn in the Operating under the umbrella of Tei land and property disinheritance are clan society should be done away with for fair flesh. wa Woo Community Based Organisation related. justice to all. Two years later, the man whom she (CBO), the programme being tried in five “Most of the cases arbitrated by the Groots-Kenya Official Nyaguthi had hoped would help her suddenly sub-locations in lower Yatta District seeks clan do not favour the victims,” observes Mwangi said the Organisation with became an enemy and used all means at to equip widows and orphans with the Kasina adding that there is conflict funding from the European Union strives his disposal to have her ejected from the needed knowledge and information on between the customary law and the to educate the widows and orphans at family but the clan somehow intervened how they can be the sole beneficiaries country’s legal mechanism hence need to grassroots level where the vice is high and allowed her to stay put. of their deceased husbands’ land and draw the barrier between the two. The due to high illiteracy level the best way property. customary law has always put widows to avert land and property disinheritance. Hunger “Challenges are many including harmful and orphans on the receiving end when it “Property disinheritance in most “When he failed to achieve his cultural practices which impede widows comes to land and property inheritance. communities of Kenya has seriously mission, he devised another method of and orphans from getting proper justice “According to Kamba Culture, marginalised the widows and orphans ensuring that there is no food to feed to have control over their late husbands’ a woman is not to speak on issues hence need to contain the vice through the family by letting his herd of livestock property,” says Jennifer Nyumu the concerning land and cannot take the community driven programmes,” said Ms graze in my farms destroying all the Coordinator of Tei wa Woo CBO. infamous traditional oath known as Mwangi. crops,” says Christine asserting that she She says unless all stakeholders ‘kithitu’ meaning that a widow cannot She said the Organizations has has lived with the problem up to date. are brought on board and seek ways of come up and firmly defend land she projects in 18 regions in the country The story of Mithe Mulwa who lost dealing with the vice, the widows and believes belongs to her late husband,” including Kitui, Kendu Bay, Gatundu, her husband five years ago is the same. the orphans will continue to suffer as the says Kasina. Nanyuki, Limuru and Busia where the She says when she decided to sell one society’s lust for wealth increases. communities have rich cultural practices of the pieces of land left behind by the The Kyusyani stakeholders meeting Ignorance likely to deny widows and orphans their late husband to educate the children, was organised by Groots-Kenya and He however asserts that the right to inheritance. the clan objected fearing that she will brought together various stakeholders community is not only ignorant of land From the case studies in the project get the money and run away from the including Lands Officials, Provincial and property inheritance but also lacks areas, the victims lack knowledge on matrimonial home. Administration, Teachers, Paralegals and knowledge and information on how to how to administer properties of their Instead, the clan through one of the Churches whom the victims turn to for administer properties of their deceased departed husbands observing that most brothers-in-law decided to dispense the help when their rights for inheritance of spouses. of the victims have not legalised their sale on her behalf but to her surprise she marriages and lack vital documents like never got any penny and the children birth certificates,” observes Ms Mwangi. were forced to leave school for cheap “Challenges are many including Groots-Kenya Programme Officer Ann labour. Sabatia said since 2003 the organisation The brother-in-law who helped the harmful cultural practices which has initiated four programmes of clan to sell the land died before the community response to HIV/Aids and transfer was transacted. Sensing danger impede widows and orphans from another component of women leadership of losing the land and the money, the getting proper justice.” and governance alliance to give women buyer has now turned to the widow for — Jennifer Nyumu more say in decision making on national refund of the money she never got. issues.

Executive Director: Rosemary Okello Editorial Director: Arthur Okwemba Managing Editor: Jane Godia Sub-Editors: Duncan Mboyah, Joyce Chimbi, Omwa Ombara Contributors: Priscilla Nyokabi, Odhiambo Orlale, David Kiarie, Waikwa Maina, Peter Ochola, Karani Kevin, Ajanga Khayesi, Bob Ombati, Barwaqo Aress, Strength of a Woman is a publication of Dorothy TA, Juma, Kigondu Ndavanu, Partricia Mbote, John Syengo, Fred African Woman and Child Feature Service Okoth, Ben Oroko, Diana Wanyonyi, John Syengo, Dr. Akinyi Nzioki, Becky E-mail: [email protected] Kimani, Frank Ouma, Paul Mwaniki, Kariuki Mwangi, Bob Ombati, Nzinga www.awcfs.org Muasya,Edna Mokaya, Henry Kahara, Henry Owino, Waikwa Maina. This paper is produced with support from The Open Design & layout: Noel Lumbama (Noel Creative Media Ltd) Society Foundation, HIVOS, AND UN-Women