| dc.description.abstract | This cross-sectional study had two objectives; firstly, to identify gender related
customary practices which govern ownership of land in Kadibo Division of Kisumu
County in Kenya; and secondly, to examine how awareness of entitlement to land
ownership affects individual empowerment to own land. The study sought to posit the
implications of the outcomes to implementation of Kenya's constitution (2010). A
hundred survey respondents-fifty and ten key informants, with equal number of
females were interviewed and ten Focus Group Discussions, five for females and five
for males, with eight to ten participants were carried out in Bwanda, Katho,
K'Ochieng East and Kombura in Kadibo locations. Six prevalent customary practices
are found, which evidence that one's sex as a male is a criterion, pre-determined by
Luo customary rules, for entitlement to ownership of family land. A fixed right-left
hand allotment rule prescribes which land, in relation to the parent's dwelling, sons
will inherit even before they are born; whilst entitlement of daughters to land is
annihilated through presumptions of their ownership rights at matrimonial homes,
where land has already been pre-appropriated following the foresaid rule. The study
finds that duty bearers, namely fathers, mothers, clan elders and government officials
constitutes the key structures which reinforce gender discriminatory practices in land
ownership, with its visible outcome of countering constitutional outcomes on gender
equality. Anecdotal evidences which demonstrate instances where women have
owned land in Kadibo are found. However, these come with conditions, which dictate
subsequent transfer to male lineage. Awareness among right holders on their
entitlements is to some extent perceived as linked to positive outcomes in entitlement
and claims to land. As gender equality is a new norm, the old/existing norms which
advance gender inequalities in land ownership need to be understood and
systematically replaced with those that advance gender equality. This requires
systematically inculcating into the nucleus of Luo and other cultures in the country,
the concept and principles of gender equality in land ownership; restructuring
governance and institutions of governance; embracing quality and accountable
leadership; continuous relevant research; creating an enabling policy and legal
environment for gender equality in land ownership; and investing in fiduciary and
programmatic systems, which systematically entrench gender equal practices in land ownership. | en_US |
