Introduction
Women in Kenya face significant bias in the ownership and control of land owing to the deeply ingrained patriarchal system prevalent in many communities. Despite some progress in recent years, statistics show a decline in women’s land ownership. In 2014, 61.3% of women aged 15-49 did not own any land. This number rose to 75.0% for agricultural land and 93.3% for non-agricultural land in 2022, indicating decline in land ownership among women over the years.
Access to finance, food, and water for women is directly tied to their access to land. Ownership and control of land among women surpasses access and encompasses the ability to decide whether to sell, use it for financing, and cultivate it. As of 2021, 12.4% of females were still excluded from financial services, demonstrating the far-reaching consequences of women’s land ownership disparity. Given that women make up 50.3% of Kenya’s population, excluding them from land ownership impacts the country’s economic performance. Therefore, this blog aims to identify ways of promoting land ownership among women in Kenya.
Gaps in Legal Framework and Trends
Articles 40 and 60 (f) of the Constitution of Kenya (2010) provide for the right of all Kenyans to hold and own property, and the elimination of gender discrimination in practices related to land and property in land, respectively. Subsequently, the National Land Policy of 2009 aims to protect women’s land rights by promoting women’s participation in land-related decisions. In addition, Sessional Paper No. 2 (2019) themed National Policy on Gender and Development calls for the integration of gender considerations and inclusion of women in decision-making related to land and property. Despite these existing legal frameworks to promote property and land ownership among women in Kenya, more than 70% of women in Kenya do not own any kind of land. The 2022 KDHS report reveals that 75% and 93% of women do not own agricultural and non-agricultural land, respectively, an increase from 2014 when only 61.3% of women did not own any land in Kenya. Among women who owned land in 2022, 62% and 44% did not have a title deed on agricultural and non-agricultural land, respectively. Further, data from the Kenya Land Alliance (KLA) 2018 report shows that only 10% of the 3 million title deeds processed by the government between 2013 and 2017 were issued to women. This is a possible explanation for the widening gap of women who do not own land in Kenya between 2014 and 2022.
Although Article 60 (f) of the Constitution of Kenya calls for non-discrimination between genders in land ownership, this is not the practice in communities where some discriminatory practices still exist and women’s ownership of land is highly pegged on their relationship to the males in their lives. GROOTS Kenya (2020) indicates that in many rural communities in Kenya, widows are still being discriminated against, evicted, and disinherited from their matrimonial lands. The cost and process of obtaining justice is expensive and long often not being afforded by women. The ones who succeed in the process are stigmatized by community members.
Data from the 2022 KDHS survey reveals that of the women who own land, divorced and separated women were 10.7%, widows were 48.6% while married women formed 39.4%. The percentage of divorced women owning land in Kenya is lower compared to married and widowed because the Matrimonial Properties Act requires evidence of contribution by both parties, which could be discriminatory against women whose non-monetary contribution to marriage could be higher. The percentage of widows owning land is higher, attributable to the provisions of the Customary Land Act, which provides widows with protection in that land cannot be sold without their knowledge. However, the Properties Act requires widows to provide proof of marriage, which is difficult for customary marriages with no marriage certificate and the Law of Succession Act further limits the ability of widows to inherit land in case of remarriage.
Land ownership among women increases with age. Data from the 2022 KDHS survey reveal that land ownership is highest among women aged between 45-49 years at 38.4% who have joint ownership and 9.5% who own land alone. This is attributable to the fact that there are few laws governing the ownership of land by the youths, especially when their parents are still alive. Investing in land is also a costly affair that requires years of hard work and savings.
Women in urban areas are less likely to own land than their rural counterparts. This is attributable to the fact that most of the title deeds processed by the government during the period 2013-2021 were in rural areas. Similarly, many NGOs dealing with improving land ownership among women, such as GROOTs and FIDA target more women in rural areas, especially widows who are more vulnerable to land grabbing.
Conclusion and Recommendations
Despite the policies that have been put in place to improve gender equity in land ownership in Kenya, the percentage of women who do not own land has increased. This has been attributed to factors such as existing discriminatory customary laws and practises, marital status, age, and whether the woman stays in a rural or urban area. The following recommendations could be considered in an effort to promote women’s land ownership in Kenya:
- The state department for lands in collaboration with different private actors in land could conduct civic education in the counties to address the discriminatory customary practices limiting land ownership among women. Further, there is need for a review of the Law of Succession Act, which currently discriminates against widows as they are bound to lose their rights to land in the event of remarriage and no surviving children. This act currently contributes to forced evictions of widows from land and other property when they exercise their right to remarry. Furthermore, educating women on the importance of having both their names on the title deed even when the spouse is still alive will also help tackle forced evictions.
- In rural areas, the various county governments have the opportunity to empower vulnerable women such as widows, by disseminating essential legal information concerning land rights. Awareness campaigns on land rights can be channelled through local media platforms such as radio stations. Further, legal fees for women in land matters could be made more affordable for those seeking justice through the court system. The Marriage Act only recognizes marriages with certificates as official. It is thus necessary to encourage women in customary marriages to register on the e-citizen platform provided by the government and obtain legal marriage certificates. This accords women with a higher bargaining power in the event of a divorce or separation.
- To increase land ownership among youth, the youth could be encouraged to form groups aimed at pooling resources for buying land. This could be achieved through collaboration with the existing financial institutions. Furthermore, the development of youth-inclusive land policies that consider the unique needs and aspirations of young individuals could promote fair land distribution and secure land tenure for youth, fostering an environment conducive for their participation in productive land-based ventures. In addition, parents could be sensitized to subdivide land for their children regardless of gender while they are still alive.
- To increase the percentage of women who own land in urban areas, the National Land Commission could support the establishment of women’s groups and land cooperatives to enhance women’s collective bargaining power in urban areas. This would facilitate joint land purchases by women and foster a sense of community support. Through technical assistance and funding, the Commission will potentially promote the formation and sustainability of such land-related groups and cooperatives. Additionally, the National Land Commission could enhance the promotion of female representation in land governance by implementing the two-thirds gender rule in the land boards to increase women’s participation in land-related decisions.
Authors: Wilkista Lore, KIPPRA Young Professional
Geoffrey Baragu, KIPPRA Young Professional
