REPORT ON OUTREACH ACTIVITIES WITH THE LAGNET YOUTH GROUP CONDUCTED IN 6 SCHOOLS WITHIN KISUMU AND HOMA BAY COUNTIES ON 8, 12, 13, 15, 18 & 22 MARCH 2015

LAGNET CRIC

Table of Contents Abbreviations ...... 2 1.0 BACKGROUND...... 3 2.0 EXECUTIVE SUMMARY ...... 4 3.0 TARGET GROUP ...... 4 4.0 METHODOLOGY ...... 5 5.0 EDUCATIONAL SKITS ...... 5 5.1 SHIRO THE ORPHAN GIRL...... 5 5.2 NYASEME THE DISINHERITED WIDOW ...... 6 Interactive Sessions: ...... 7 6.0 Conclusion and Way Forward ...... 9 APPENDIX ...... 10

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Abbreviations ADR Alternative Dispute Resolution

CSP Cultural Structures Project

CRIC Community Resource and Information Center

LAGNET Last Generation Theatrics

LCE Luo Council of Elders

NGO Non-Governmental Organizations

TJS Traditional Justice Systems

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1.0 BACKGROUND Women in have the right own land and inherit property as per the Kenyan law. Widows have a life interest in the in the estate however women continue to face discrimination with regard to securing land. Some of the factors that hinder the realization of these rights are gender disparity, patriarchal attitudes, limited knowledge on human rights, and inaccessibility of justice & fear of being ostracized by their communities for attempting to enforce their rights. The first person in the hierarchy is the spouse, according to section 26 of the law of succession Act, and therefore the woman should be the overseer of her deceased husbands land, and hold it in trust for their children however many of these women who become widows upon their husbands death find themselves thrown out of their matrimonial homes by relatives of their late husbands who use culture as an excuse to disinherit them and as a result exposing them to health and other social related risks.

These women are usually affected or infected by HIV. The risks they are exposed to include vulnerability to further violence including physical and sexual abuse at the insecure market centers, vulnerability to HIV infection and re-infection due to involvement in high risk behavior like involuntary sex work, inability to access and or adhere to HIV treatment, poor living conditions, and lack of food, inability to access services like education, water and other basic needs.

KELIN has been working with council of elders in Kisumu and Homabay Counties to address the problem of widow disinheritance through alternative dispute resolution mechanism specifically mediation since 2009. In an effort to effectively pass information on Women Property Rights to community members, KELIN has been training members of a youth theatre group from to relay the messages in a manner that allows community members to relate easily thus dramatization of the problem and possible solutions.

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2.0 EXECUTIVE SUMMARY KELIN is a legal NGO working towards provision of free legal services and support, training professionals on human rights, engaging in advocacy campaigns that promote awareness of human rights issues, conducting research and lobbying for policies that promote evidence- based change.

LAGNET _ CRIC is a youth theatre group which passes various kinds of messages through educational plays within communities.

KELIN in partnership with LAGNET- CRIC carried out outreach activities in 6 schools within Kisumu and Homa Bay Counties during the month of March 2015 as a build up activity following the training that the thespians had received in August 2014 on women land and property Rights. Further the activity was used to commemorate the International Women’s day that falls within the month of March

The outreach was in form of interactive theatre which sought to sensitize school going children on Women Property Rights with a link to HIV and AIDS.

The expected outcomes of the educational skits were; Improved capacities of the children in identification of human rights violations and redress for justice , Increased knowledge of the children on how women can access both the formal and informal justice systems and Increased knowledge on human rights, including women’s property rights and inheritance.

The activity was lively and interactive; the children carefully followed the plays which were made interesting by the actors who double up as comedians.

3.0 TARGET GROUP The outreach targeted children from both primary and secondary school levels. The schools that benefited included; Ayub Okoko primary school in , Mbugra Secondary school in Nyakach constituency, Pala primary and secondary schools in Kabondo constituency, Bunde Primary and secondary schools in , Ombeyi primary and secondary schools in and Bonde primary and secondary schools in Seme constituency.

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4.0 METHODOLOGY The process was interactive whereby the actors took long pauses during their dramatization to allow for participants contribution. Both the actors and students posed questions in relation to the plays.

5.0 EDUCATIONAL SKITS Ms Nancy Ondeng, the Cultural Structures Project coordinator made opening remarks in all the schools. She gave the background of the project then shared expected outcomes of the outreach. This was followed by introductions which were facilitated by members of the LAGNET group. The message on women property rights with a link to HIV was presented in two plays which depicted an HIV positive orphaned girl being denied her rights and a widow being chased away from her matrimonial home by her brothers in law upon her husband’s death.

5.1 SHIRO THE ORPHAN GIRL The play revolved around an orphan girl (Shiro) who was being denied her right to own her late parents property including land because she is a minor and also due to the ignorance of her guardians. She was also being denied her right to education because she was HIV positive. She later got assistance from the council of elders who sensitized the two guardians on the constitutional provisions and cultural practices in favour of the orphan. The play further addressed issues relating to the rights of citizens staying in other regions within the country regardless of their origin, gender and HIV status.

Children following the play on the orphaned girl Shiro 5

5.2 NYASEME THE DISINHERITED WIDOW After the death of Nyaseme’s husband, she was widowed and left with two children, a boy and a girl who were in Secondary and Primary schools respectively. She had been married customarily and therefore had a right to remain in their matrimonial home. Her brothers in law became very hostile towards her and insisted on ‘inheriting’ her i.e. being remarried by one of the in laws. Nyaseme and her late husband had acquired some property over the years that they lived together. She refused to be inherited pointing out that she had a right to choose whether to remain a widow or remarry. She also disclosed that she was HIV positive but her in laws would not hear any of that. They insisted that she did not come with any property and that instead it was her who was bought through the dowry that was given to her family. Ageke who was one of the brother’s in law insisted that he contributed towards his deceased brothers education and therefore it was his right to inherit his property. They chased Nyaseme and her children after which she sought help from the council of elders. After a successful mediation by elders between the widow and her in laws, she was able to reclaim her property and her in laws agreed to support her in taking care of her home.

The audience following the play on the disinherited widow

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Interactive Sessions:

The audience was involved both during and after the plays. Both the audience and the actors posed questions and contributed in answering them. Most of the questions asked were similar in all the constituencies

School children participating during plenary

Some of the questions discussed included;

Actor: Why was Shiro being chased away from home? Responses from the participants included: The guardians were ignorant of her rights; She was being discriminated against because she was HIV positive; Her uncle and aunt were greedy and wanted to grab properties left by her parents; She had a name that was not for the community – They wanted her to go to her mother’s home. Shiro is a young helpless girl who could not fight back.

Actor: What are some of the rights that she was being denied? Responses from the audience included: The right to go to school, The right to get medication, The right to inherit her parents property, The right to be given food, The right to confidentiality about her HIV status, The right to have shelter.

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Student: Where should we direct families with similar problems for assistance? Suggestions from the actors included: Council of elders; Area chief; Clan elders; Police; Ministry of Education; Teachers; other supportive relatives; NGOs involved in Children rights.

Actor: Why should the widow’s in laws not chase her from her home? Answers given by children and an elder: She is entitled to remain in the home as a beneficiary; She is the next of kin and should hold the property in trust for the children. Customarily the Luo never sent away widows and that is why they were referred to as ‘Chi liel’ meaning wife of the grave.

CSP Coordinator: What are some of the problems that the widow may have faced as a result of being chased away by her in laws? Responses from the students They will not have land to plant foodstuff. She may need to rent a house and she may not necessarily have the money. Their security may be compromised. The children may drop out of school if they move far away.

Teacher: How can widows and orphans guard their property when the man dies without writing a will?

The CSP coordinator explained the succession process stating that when a person dies without writing a will, the beneficiaries need to get a letter from the chief confirming that they are residents of the area and are entitled to inherit the said property. Only then can they go to court to apply for letters of administration after which they are provided with a grant that indicates that the property is theirs. She informed them that the process is complicated and therefore the beneficiaries can always seek assistance from legal aid clinics or take up an advocate if they can afford to. She talked about the mediation process by the elders as a first step in case when a dispute.

Teacher: How is KELIN involved in assisting such widows was The CSP coordinator talked about KELIN’s mandate of assisting widows and orphans with the help of council of elders and trainings provided to stakeholders on Women Property Rights.

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6.0 Conclusion and Way Forward Even though the school children were able to grasp the intended message from the educational skits and participate actively, there is still need to impart more knowledge on human rights in general, hence continuous awareness raising activities.. All the schools administrators were impressed by the plays and intend not only to share the information with other stakeholders within their institutions but to also prepare their drama club members to stage similar skits during the county and national drama festivals. The audience promised to raise awareness on the rights of women and orphans, over their matrimonial property upon the death of their spouses and parents respectively. The quality control on the information being passed through the anticipated school plays will be done by the LAGNET team.

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APPENDIX List of LAGNET Members involved in the Outreach

No Name Sex

1. SAMORA ABWAJO M ONYANGO

2. DESAI OGADA M

3. OKUKU NANCY F

4. SHEILA ACHIENG’ F ONGUO

5. JOSPHAT ONYANGO M OBUL

6. SHIKUKU VELMA F ATIENO

7. FAITH ATIENO F LUMUMBA

8. NICHOLUS OUMA M ONDIEK

9. EDWARD OTIENO M AMOLO

10. SHELDON M NYAMWAYA

11. JOSEPHINE ATIENO F

12. FLORENCE ANYANGO F

13. EVANCE OCHIENG M KOLA

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14. WILLIAM OCHIENG M ODINDO

15. RENIES AWUOR F ONGUO

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