Relationship between land reforms and gender based violence in Kenya: a case of Tetu sub-county, Nyeri county

Abstract

Women account for 50.3 per cent of the national population but face challenges in accessing and controlling land resources. Whether in education, employment, and land rights or seeking health, women tend to be disadvantaged. The purpose of the study was to analyze the relationship between land reforms in Kenya and gender based violence. One of the most important and immediate motivations for this research are challenges facing women on matters on land and land acquisition and control. Specifically, the study aimed to find out the relationship between equitable access to land and gender based violence; establish the relationship between customary practices pertaining to land rights; establish the relationship between protection of right to property and GBV and explore challenges facing women in effective land disputes resolution in courts in Nyeri County on matters pertaining to land inheritance and how it relates to GBV. Descriptive survey design was used. The study targeted women who have been marginalized pertaining to land inheritance and land ownership through customary practices. The researcher used purposive Sampling that allowed the researcher to use 45 cases that had the required information with respect to observed that the objectives of the research. Researcher used questionnaires to collect data. The following is a summary of the findings. The study found that 50% of the participants indicated that the in-laws were in charge of decisions on use of land. The study found that a significant number (93%) of respondents did not possess a title deed to their piece of land. A significant number (95%) of participants had experienced threats on land related matters. The study found that there was a significant relationship (p=0.046) between equitable access to land and gender based violence at 95% confidence level; there was also a significant relationship (p=0.037) between protection of rights to property and gender based violence at 95% confidence level. In addition there was a significant relationship (p=0.044) between customary practices and gender based violence. The researcher concluded that women had no equitable access to land and this created conflicts when they tried to inherit land from heir matrimonial or husband’s family land. The researcher also concluded that women had no protection of rights to property in that they did not have a title deed to their land. The researcher concluded that customary laws were a source of conflict; women were not included in the will to inherit land. The researcher recommended that the government should create awareness among the citizenry on the right of women to inherit land. The researcher also recommended that the law should make it illegal for persons to use land which they do not have a title deed to.