Title remove from marked records essays on land law: the reform debate in kenya. The various legal, political, economic and social perspectives that have influenced the land reform discourse in kenya are examined. The historical perspectives of the land question in kenya are outlined, and the factors that shaped the content of kenya's land law and attendant institutional and constitutional regimes are addressed. The operationalization of the legal regimes and policy frameworks emergent from the colonial legacy is also extensively dealt with, focusing on the way the state has sought to balance private and public interests in land through the instruments of law. Analyses of the interface between tenure, land use and environmental conservation are presented. Pertinent issues that need due attention in the process of land reform are identified.

The conceptual underpinnings that have influenced legal and policy approaches to land ownership and land use in a number of countries in africa are discussed. Keywords: tropag land reform tenure customary law legislation legal rights policies land ownership history kenya. This means that basic needs such as nutrition are not met for an extended period of time w, sida 1, 2012.

Approximately half of the population is living under the poverty line w, cia 1, 2012. Agriculture is the largest sector in the country, employing 75% of the population. Read more bina agarwal, a field of ones own: gender and property in south asia cambridge: cambridge university press, 1995 bina agarwal, 147 gender, property, and land rights: bridging a cricical gap in economic analysis and policy, 148 in kelly d.

1 2002 food and agriculture organization of the united nations, 147 gender and access to land, 148 fao land tenure studies no. 4 fao: rome, 2002 patricia kameri mbote, 147 gender dimensions of law, colonialism and inheritance in east africa: kenyan womens experiences, 148 ielc working paper no. 2001 1 2002 kenya human rights commission, women and land rights in kenya nairobi: kenya human rights commission, 20 kivutha kibwana and lawrence mute, law and the quest for gender equality in kenya nairobi: clairpress limited, 20 k. Njoh, 147 urban planning, housing and the socio economic development of women in a developing country, 148 planning perspectives. 13 1998 akinyi nzioki, 147 the effects of land tenure on womens access and control of land in kenya, 148 in abdullahi a.

An naim, cultural transformation and human rights in africa new york: zed books ltd. 2002 celestine nyamu musembi, 147 are local norms and practices fences or pathways? the example of womens property rights, in in abdullahi a. 2002 oxfam, gender perspectives on property and inheritance: a global sourcebook amsterdam: kit publishers, 2001 margaret rugadya and harriet busingye eds. , gender perspectives in the land reform process in uganda kampala: uganda land alliance, 2002 united nations development fund for women, 147 womens land and property rights in situations of conflict and reconstruction, 148 a reader based on the feb, 1998 inter regional consultation in kigali, rwanda 2001 smokin c. Wanjala, essays on land law: the reform debate in kenya nairobi: faculty of law, university of nairobi, 20 l. My sister and i didn't inherit, said wagitangu, a fifty three year old kikuyu woman. Traditionally, in my culture, once a woman gets married, she does not inherit from her father.the assumption is that once a woman gets married she will be given land where she got married.

This was not the case for wagitangu: when her husband died, her brothers in law forced her off that homestead and took her cows.wagitangu now lives in a nairobi slum. With a new government in office and a new draft constitution containing provisions that would enhance women's property rights set for debate, this is a pivotal time for kenya to confront the deep property inequalities in its society.it must develop a program of legal and institutional reforms and educational outreach initiatives that systematically eliminates obstacles to the fulfillment of women's property rights. These constitutional rights should apply equally to women from all religions and ethnic groups: any concessions to religious or customary laws should not diminish women's equal constitutional rights.

If a new constitution is not adopted in the near future, repeal articles 82 4 and 6 of the current constitution, which sanction discrimination against women in personal and customary laws. Amend or repeal all laws that violate women's property rights, including the provisions of the law of succession act which terminate widows' inheritance rights upon remarriage exempt certain districts from the rules relating to inheritance without wills and privilege fathers over mothers for inheritance from children.repeal the amendment to the law of succession act that exempts muslims. Create and implement programs that address the link between property rights violations and women's vulnerability to hiv/aids, including in public education campaigns and other initiatives of the national aids control council.the programs should be based on consultations with nongovernmental and community based organizations. Address harmful social and cultural patterns of conduct based on the idea of women's inferiority and stereotyped gender roles.in particular, encourage traditional leaders to transform discriminatory customary laws relating to property by emphasizing that, in keeping with their evolving and flexible nature, they should be interpreted to promote women's equality.support greater participation by women in decision making at the community level. Move to end harmful customary practices such as wife inheritance and ritual cleansing of widows, including by prosecuting rape and forced marriage cases and by providing education on the harmful effects of these practices.

Improve mainstreaming of women's equal property rights issues in government offices and programs by establishing gender units within ministries and appropriately funding the women's rights activities of the new ministry of gender, sports, culture and social services. Provide training for judges, magistrates, police, and relevant local and national officials on laws relating to women's equal property rights and their responsibility to enforce those laws.include women's property rights in the required curriculum of police training academies and law schools. Implement reforms of the court system aimed at eliminating backlogs and corruption and streamlining procedures.establish family divisions in courts outside nairobi and ensure that family division judges and magistrates have expertise in family law and women's rights. Set up a national legal aid system with the capacity to represent indigent women in civil property matters.support the activities of nongovernmental organizations that provide legal services to women whose property rights have been violated. Establish or fund shelters for women who have suffered domestic violence and ensure that women in those shelters have access to legal, counseling, and medical services. Ensure that housing policies and programs address women's specific concerns.incorporate into housing policies strategies for assisting widows, divorced or separated women, mothers, and hiv/aids affected women with their particular housing needs.

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Ensure that private acts that violate women's property rights are investigated, prosecuted, and punished appropriately. Commence operations of the kenya national commission on human rights and ensure that it is independent and has adequate support.this commission should have women's rights experts on staff and should monitor and investigate women's property rights violations, educate women and men throughout the country about those rights, and facilitate resolution of property disputes. Collect, maintain, and publish data on property ownership and inheritance, disaggregated by sex.

The president, members of parliament, and other government leaders should publicly condemn laws and customs that discriminate against women and should strongly support efforts to realize women's equal property rights in law and in practice. The world bank, donors, and united nations agencies must work with the government of kenya to ensure that development policies and programs are designed and implemented to promote women's property rights and that concrete steps are taken to eliminate discriminatory laws and customs that undermine development efforts, specifically in the area of women's equal property rights. The world bank and the international monetary fund imf should press the kenyan government to abide by its commitments under its current poverty reduction strategy paper prsp and make the elimination of women's property rights violations a central part of its next prsp. Through paralegals to men, women, and traditional leaders in rural areas, and should provide funding for local language translations of laws and informational materials.both the timeframe for funded projects and the amount of assistance should increase in light of the chronic and widespread nature of women's property rights abuses.

The united nations development programme undp , the united nations development fund for women unifem , the joint united nations programme on hiv/aids unaids , and other international organizations should study the links between women's property rights abuses, poverty, violence, and hiv/aids in kenya. The special rapporteur on adequate housing appointed by the united nations commission on human rights should continue and expand his reporting on women's property rights violations, including by examining how discrimination in inheritance and division of family property impede the realization of women's right to adequate housing. The united nations commission on human rights should continue to adopt resolutions on women's equal ownership, access to, and control over land and the equal rights to own property and to adequate housing the elimination of violence against women and the protection of human rights in the context of hiv/aids. The african union should improve and adopt the draft protocol to the african charter on human and peoples' rights on the rights of women in africa, including by recognizing women's equal inheritance rights and by removing any termination of such rights upon remarriage. Donors should link some funding provided through the new partnership for africa's development nepad to development initiatives that address women's equal property rights. 1 after decades of authoritarian rule under president daniel arap moi, kenya has recently emerged with a new government, an initiative for a new constitution, and a citizenry electrified by the possibility of real social change.in this context, it is critical for women's property rights to be high on kenya's legislative and policy agendas. Ri ch and poor, in monogamous and polygamous unions, women struggled not just with losing their property, but also with being ostracized by their families and communities if they attempted to assert their rights.while the details varied, women described the same end result: men or in laws got the property, and women lost out.

Essays on Land Law The Reform Debate In Kenya Text

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