An Analysis of Cultural Practices and Their Impact in the Realization of Women Property Inheritance Rights in Kenya

Abstract

Effective law enforcement assumes that there is an effective and independent judiciary. It also assumes that state strength is sufficiently capable of penetrating into rural areas where conflict between statutory and customary law will be most pronounced. Specialized divisions have been established within the High Court, including the family division, which may be a positive development in the promotion of gender-based considerations in family law cases. However, a critical issue is the representation of women in Parliament and other land decision making institutions and the community attitudes. The National Land Policy notes that women are insufficiently represented in institutions dealing with land and has directed the Kenyan government to ensure the proportionate representation of women in land institutions at all levels. This issue is also recognized in the 2010 Constitution, which confirms the principle of the elimination of gender discrimination in law, customs and practices related to land and requires implementation of the principle that no more than two-thirds of the members of elective or appointive public bodies be of the same gender. There is an urgent need to institute approaches that harness the potentials of both men and women to work harmoniously in safeguarding each other‘s property rights. Key stakeholders such as government ministries, non-governmental institutions, and community-based support groups must also work in a concerted manner in policymaking and implementation. Leadership in these endeavors must of necessity include women, especially the marginalized categories such as older women and widows. Men, too, must join in resisting a culture that marginalizes any one gender and work together with women to eliminate the disenfranchisement of women in Kenya.