Barriers Facing Women in Access to, Control Over and Ownership of Land in Bomet East Subcounty, Bomet County, Kenya

Abstract

This study looked at the barriers that face women in access to, control over and ownership of land in Bomet East Sub-County. The study had three objectives: To analyse the awareness levels of women on their legal land rights, to determine the socio-cultural barriers that hinder women from exercising those rights, and to describe the political and administrative barriers facing them. The findings indicate that Kipsigis customary law allows women to access land through marriage. However, in practice married women in monogamous and polygynous unions only own land by proxy, that is, by virtue of being married to their husbands whose names are used in land registration. Widows only serve as custodians, who hold land until their sons become of age. The study findings also indicate that the majority of the women in the Sub-County are not fully informed of their land rights. There is a strong correlation between literacy levels, economic status, marital status and women land ownership. Educated women are more knowledgeable about legal land rights as compared to illiterate women. Economically empowered women are more likely to purchase land of their own. Married women can hardly make a sole decision of acquiring or disposing land. While women‟s rights to land are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, illiteracy and low economic status which continue to prohibit women from owning or inheriting land. In order to increase the levels of awareness of women land rights, there is need for thorough trainings and consciousness-raising campaigns in women land rights. Women need to be given free litigation services to enable them pursue court proceedings in case of land grabbing. In addition, there is need for men involvement in women land rights discussions to help in shunning patriarchal tendencies that continue to be a great hindrance to women land ownership. Finally, donor agencies should consider funding organizations like Kenya Land Alliance which runs programmes that promote women land rights through sensitization and trainings.