Report Multistakeholder Forum Final 2

THE KENYA LAND ALLIANCE
OLE SERENI HOTEL,

NAIROBI
SEPTEMBER 22, 2015
FORUM TO TAKE STOCK OF GAINS MADE ON

WOMEN LAND AND PROPERTY RIGHTS IN KENYA
SINCE THE PROMULGATION OF THE
CONSTITUTION OF KENYA 2010
Women are not property

but land is property that
women can own!
Forum to Take Stock of Gains Made on Women Land and Property Rights in Kenya Since the
Promulgation of the Constitution of Kenya 2010
TABLE OF CONTENTS
1.0
INTRODUCTION ..................................................................................................................... 1
1.1.
About Kenya Land Alliance .............................................................................................. 1
1.2.
Forum Background and Context .................................................................................... 1
1.3.
Forum Objectives ................................................................................................................. 2
1.4.
Organization of the Forum ............................................................................................... 2
2.0
FORUM PROCEEDINGS ........................................................................................................ 4
2.1.
Opening Session ................................................................................................................... 4
2.2.
Session I .................................................................................................................................... 5
2.2.1.
2.2.2.
2.2.3.
2.3.
Session II ................................................................................................................................ 11
2.3.1.
2.3.2.
2.3.3.
2.3.4.
2.4.
Community Led Public Land Mapping ..................................................................................11

Women Land Struggle at the Coast ......................................................................................... 12
Speech on Women Land Struggle at the Coast .....................................................................13
The Luo Council of Elders.........................................................................................................14
Session III ............................................................................................................................... 16
2.4.1.
2.5.
Documentary Introducing the Situation of Womens Land Rights in Kenya................... 5

Situational Analysis of Womens Land and Property Rights in Kenya .............................. 6
Speech on the Situational Analysis of Womens Land and Property Rights in Kenya ... 9
Plenary Session ............................................................................................................................. 16
Declarations and Commitments ........................................................................................ 20
APPENDICES .................................................................................................................................... 24
Appendix I: Forum Programme..............................................................................................................24
LIST OF ABBREVIATIONS
CoK
Constitution of Kenya
CSOs
Civil Society Organizations
FIDA-K
Federation of Women Lawyers Kenya
GoK
Government of Kenya
KEWOPA
Kenya Women Parliamentary Association
KLA
Kenya Land Alliance
NGO
Non-Governmental Organization
WLPR
Womens Land and Property Rights
ii
ABSTRACT
Kenya Land Alliance organized a forum to address the gaps, challenges lessons learnt and
strategies moving forward in the quest for securing Land tenure for women. The forum was
facilitated by numerous participants and was divided into three sessions that discussed the
situational analysis of Womens Land and Property Rights in Kenya, the success stories on the
gains made in this area since the promulgation of the Constitution of Kenya 2010 and a plenary
session that reflected on both the challenges and opportunities of the land reform process for
Womens Land and Property Rights in Kenya.
Participants included Grassroots women representatives from across the country, academia,
representatives from Ministry of Land, Gender Commission, National Land Commission, Civil
Society Organizations (CSOs) working on Womens Land and Property Rights, religious
leaders and Council of Elders. The outcome of the forum was an increased commitment and
organized push for the realization of Womens Land and Property Rights by all stakeholders
and the output a renewed commitment of the participants toward the fight for the actualization
of Womens Land and Property Rights. This commitment was solidified through signed
declarations and on how each participant intended to move forward in this quest.
1.0 INTRODUCTION
1.1. About Kenya Land Alliance
Kenya Land Alliance (KLA), formally a trust, was registered as a Non-Governmental
Organization (NGO) in July 2013. It was established to foster an institutional mechanism to
promote land laws and policies that ensure secure and equitable access to land and natural
resources in Kenya. KLA plays a prominent role in lobbying and advocating for reforms in
land laws and policies in Kenya.
Since its inception, KLA has grown immensely and exceptionally due to its success in
activities, responsibilities and participation.
It has been highly acknowledged for its
participation and contributions to the Presidential Commission of Inquiry into the Land Law
Systems in Kenya (Njonjo Commission), the Constitution of Kenya Review Commission, the
Ndungu Commission and the Committee of Experts.
Additionally, in all pivotal land reform processes, KLA lobbies effectively and is widely
consulted to ensure that provisions made have direct relevance on the lives of millions of
women, pastoralists, hunter-gatherers, squatters and Internally Displace Persons, informal
sector residents and traders (hawkers), fisher folks, people living with HIV/AIDS and those
living with disabilities.
1.2. Forum Background and Context
The year 2015 marks exactly 5 years after the promulgation of the Constitution of Kenya
(CoK).
The enactment of the Constitution was followed by a number of land related
legislations with the recent ones being family legislation including Marriage Act, 2014 and the
Matrimonial Property Act, 2013 which have great implications on property division within the
marital context. Though, a few land legislations such as the community land law are still
pending and remain very critical for the actualization of womens rights to and tenure of land.
It is important to note that, security of land tenure for women transcends the rights to access
and use of land and other land-based resources. It encompasses the ability of women to control,
own and make decisions pertinent to the management of land and properties for themselves
and families.
Looking back from the time the CoK was promulgated to date, the many hopes and aspiration
of Kenyan women as far as their land rights are concerned are yet to be realized. Kenyan
women, holistically, have made minor improvements to commemorate five years later. This
is largely due to the slow implementation of key Constitutional provisions.
1.3. Forum Objectives
To review gains made in the realization of WLPR since the promulgation of the CoK, KLA
organized a forum to address the gaps, challenges lessons learnt and strategies moving forward
in the quest for securing Land tenure for women. The forum had 3 main objectives, namely:
1. To provide a platform for open discussions on progress made with regard to WLPR
since the promulgation of the CoK 2010
2. To discuss gaps, challenges and opportunities impeding the full realization of womens
land tenure
3. To strategize ways forward geared toward the full realization of WLPR
The immediate expected outcome of the forum was an increased commitment and organized
push for the realization of WLPR by all stakeholders and the output a renewed commitment of
the participants toward the fight for the actualization for WLPR. This would be demonstrated
through signed declarations and written commitments on how they intended to move forward
in this quest.
1.4. Organization of the Forum
The celebrative forum was held on September 22, 2015 at Ole Sereni Hotel, in Nairobi. The
forum congregated Grassroots women representatives from across the country, academia,
representatives from Ministry of Land, Gender Commission, National Land Commission, Civil
Society Organizations (CSOs) working on WLPR, religious leaders and Council of Elders.
The forum was guided by an MC and land experts; participants discussed the progress made
and voiced their concerns about factors hindering the actualization of WLPR. The forum was
structured around three themes, namely:
1. Situational analysis of WLPR in Kenya
2. Success stories on the gains on WLPR in Kenya
3. Reflection on the gains, challenges and opportunities of the land reform process for
WLPR in Kenya
Participants listen during official opening
Sarakasi dancers entertain during the opening session
FORUM PROCEEDINGS
2.1.Opening Session
Prof. Winnie Mitullah, a Board Member of KLA, made the opening remarks for the forum; she
began by thanking the participants for coming and their involvement and contributions toward
addressing and redressing the discrimination women face in accessing, controlling and owning
land and property. She further noted that KLA has been a prominent organization in the quest to
actualizing WLPR for over 10 years. Thus, due to its longevity in the fight and its ability to interact
with elite stakeholders and regular people, KLA has been able to advocate for key issues on WLPR.
Subsequently, Prof. Mitullah appended a short anecdote highlighting the challenges and findings
of prominent researchers who advocated for WLPR in the early 1980s. These included: Prof.
Mitullah herself, Prof. Patricia Kameri-Mbote, Hon. Millie Odhiambo and Wambui Kiyai. She
stressed that during their research they discovered that women experienced difficulties in
differentiating between the concepts of access, control and ownership. Furthermore, Prof.
Mitullah and her colleagues found that most women believed that the only items they had direct
ownership of and could dispose of without consent from anyone were mainly: chicken, eggs, beans
and other basic food items.
Reflecting on this past situation of women with regards to land and property rights, Prof. Mitullah
recognized that gains have been made but they are not sufficient. She further emphasized that
although decision-making is an important element in WLPR irrespective of whether women only
access, control or own the land and property, the number of women who make decisions over
land or property is bleak. Nonetheless, Prof. Mitullah expressed optimism in changing the fate of
women in this regard, especially, since the CoK lays the foundation to strengthen womens stake
in land and property matters. Her optimism was further fortified by the progression in numbers
of women actualizing their land and property rights since the promulgation of the CoK.
However, Prof. Mitullah insisted that these gains were not solely a product of the CoK but also a
result of stakeholders holding the Government of Kenya (GoK) accountable in instituting
mechanisms to implement and enforce the land and property rights guaranteed to women in the
CoK. Though, the battle was yet to be won as other crucial legal instruments were yet to be
implemented and fulfilled. Prof. Mitullah maintained that while development is not static, laws
and policies are necessary and effective means to facilitating and molding change. Hence, it is
important to have laws in place to frame the inevitable social developments that occur at the
household, community, and national level.
Additionally, Prof. Mitullah held that it was important that the GoK and the general population
encourage discussions and actions beyond the constitution and pertinent legislation. Prof. Mitullah
concluded that the forum was much needed in order to assess the gaps, challenges and
opportunities moving forward on these issues.
2.2. Session I
Theme Situational Analysis of Womens Land and Property Rights in Kenya
2.2.1. Documentary Introducing the Situation of Womens Land Rights in Kenya
The documentary flagged out gains and success stories on WLPR eminent since the promulgation
of the Constitution. In the documentary, Mr. Odenda Lumumba, Chief Executive Officer (CEO)
of KLA, commented on factors impeding and exhausting womens struggle for their rights. He
attributed the slow implementation of equal land and property rights for men and women to
patriarchy. He asserted that due to their vested interests, men are reluctant to women fully realizing
their rights, as it requires that men relinquish their sole control and profits over the land and
property and confers uncommon power over to women. This is validated by the practice in
numerous Kenyan communities that exclude women from full or joint ownership of land on the
basis of them being re-marriable. The assumption being that if a woman remarries she will
transfer the acquired property, from the previous marriage, to her new husband as opposed to
using it to secure the well being of her children and family members. Thus, historically, men have
not been comfortable giving women full and perpetual ownership of land over matrimonial
property.
On this account, the documentary highlighted numerous legislation that if enforced could lead to
major gains by women in the sector. These include: The land registration act 2012, Matrimonial
property act 2013, and the Marriage act 2014. Although these laws are imperative to women in
the attainment of equal rights to land and property, Mr. Lumumba propounded that the security
of land tenure for women goes beyond access and use of land but the ability to control land and
also have decision making process regarding the land as well as the proceeds that come from the
land and from the work they do. The failure to do the latter essentially undermines the role of
women in development.
In moving forward, Mr. Lumumba stressed that strategic partnerships between individuals, groups,
civil society organizations, key legislators, and elite members who ideologically hold similar
perceptions about the actualization of WLPR are crucial to facilitating the work done in this sector
and improving upon it.
2.2.2. Situational Analysis of Womens Land and Property Rights in Kenya
Facilitator - Christine Ochieng Executive Director of The Federation of Women Lawyers
in Kenya (FIDA-K)
Ms. Ochieng began her presentation by highlighting the key gender disparities with respect to the
land and property sector in Kenya. She expressed that Women make up 75-89% of the agricultural
labor force, however they only own 6% of agricultural land. Furthermore, only 1% of women in
the country have title deeds to land while a measly 5% of women own land jointly with men. The
implications of the failure of the country to maximize on half the population (women), she
expressed, is that the Kenya economic growth has not exceeded 5%, falling far short of the Vision
2030 target of 10%.
She maintained dismal progression of womens ownership of land and property persists
irrespective of the legal policy frameworks that govern WLPR in Kenya. The legal framework
includes:
The CoK, 2010, which contains several progressive provisions that guarantee the rights of
women to own land and other property. These provisions relate to access to justice,
national values and principles, equality and freedom from discrimination, the protection
of the right to property, principles of land policy and Judicial authority.
National Land Policy 2009, which legislates the facilitation of resettlement and
compensation for those who have wrongfully been evicted from or lost their property.
National Land Commission Act 2012, which establishes a commission to manage public
land on behalf of the national and county governments and probe and redress past, present
and historical land injustices.
National Policy on Gender and Development 2000, which sets the general objective to
safeguard gender equality and mainstream the needs and interests of women, men, girls
and boys in all aspects of development to allow equal participation and equal gain from
development interventions.
Land Act 2012, which prescribes for equitable access to land; security of land rights;
elimination of gender discrimination in law, customs and practices related to land and
property in land; affording equal opportunities to members of all ethnic groups; nondiscrimination and protection of the marginalized; and democracy, inclusiveness and
participation of the people.
Land Registration Act 2012, sets out to mainly reorganize and integrate the registration of
title deeds. However, the preeminent mandate of this statute is its provision for spousal
rights over matrimonial property.
Marriage Act 2014, which requires the registration of all marriages, outlaws child marriages
and spousal maintenance amongst other provisions. However, it does allow for polygamy
and thus is expected to have major implications for womens bargaining powers in
polygamous relationships.
Matrimonial Property Act 2013, which categorizes ownership of matrimonial property
according to contribution of the spouses to its procurement; it recognizes non-monetary
contributions such as, farm work, child care, domestic work, companionship and
management of the matrimonial home and family business and property.
Community Land Bill 2013, aims to limit the exploitation of community natural and landbased resources by establishing institutions to protect the rights of individuals and the
community. It also seeks to ensure that the communities do benefit from the resources
and are protected legally from evictions.
However, Ms. Ochieng stressed that these laws are yet to be fully translated to womens enhanced
access to and control over land and other forms of property given the status quo. She added that
evidently there are beautiful laws which aim to protect and promote WLPR; however it is
imperative to closely instigate if and how they are being implemented. Further, it needs to become
clear to the general population who the main actors are on the issues of WLPR as well as the
impeding factors to their full realization.
Subsequently, Ms. Ochieng highlighted the leading factors that contribute to the gender
inequalities in access and control over land and property, namely:
Slow implementation of the available laws
Conflict between the National Land Commission and the Ministry of Land
Limited political will
Cultural impediments and other constraints limiting employment options and
participation in decision making
Lack of economic empowerment: access to financial services
Insufficient access to education and awareness on available land laws
Limited access and control over productive resources
Women in Kenya continue to suffer historical discrimination while striving to access and
control land and other forms of property. This is caused by retrogressive culture, patriarchal
dynamics, and inadequate and normative framework on actualization of gender equality and
noncompliance with international obligations on womens rights.
Recognizing that culture, economic empowerment, access and quality of education and resources,
amongst other factors, continue to impede the potential gains to be made by women in this sector,
Ms. Ochieng highlighted opportunities that should be taken advantage of. These include:
1. Urging individuals to take active roles in actualizing land reforms as we are all significant
players in the issue of land rights
2. Voicing opinions and making sure that they are heard on land reforms; since the
government is trying to look good to international actors and seeking to make good
reports, thus it is more likely that some issues held as important by the general population
will be addressed
3. Holding Members of Parliament accountable in ensuring progress in this sector
2.2.3. Speech on the Situational Analysis of Womens Land and Property Rights in Kenya
Presenter: Honorable Esther Murugi Mathenge
Honorable Mathenge, a former Kenyan Minister and Member of the Kenya Women Parliamentary
Association (KEWOPA), opened up her speech by expressing her disappointment in the fact that
after 50 years of independence only 1% of women have title deeds. She asked participants what
exactly they were doing collectively to ensure realization of women land rights, and insisted that
the issue of title along with the issue of succession, needed to be addressed.
Subsequently, she expressed that she was excited about the community land bill as it encourages
women to participate in registration in order to be part of the owners of the community land.
She maintained that if women do not have a right to land, then they have nothing. She sourced a
few examples where women continue to be marginalized irrespective of their large contributions
through providing labor on the land that they do not own. For instance, she notified the
participants that she comes from a coffee and tea prominent community where although the
women are the ones picking the leaves they do not receive the paychecks as the land is not
registered in their names. She expressed similar occurrences in pastoralist communities where
women are the main custodians of the cattle but have no right or say about the cattle especially
when they are being sold they only have ownership of the milk. She also spoke of the Mitumba
women in Nairobi who had inherited some land years ago, which has since been grabbed by the
people who should protect them the police. Consequently, these women have spent sleepless
nights in jail because of claiming what is rightfully theirs.
Hon. Mathenge acclaimed that the perpetuation of this status quo has to be attributed to the lack
of political good will in addressing these issues. She insisted that women leaders are not doing
10
enough for women and that their male counterparts who have been dominating the sectors, and
who are responsible for rectifying land and property issues, are eventually not seriously concerned
with women, or their rights.
Moving forward, she expressed that it is imperative to ensure that women are registered as the
people in the community with stakes in the land and property in order to have a say on what
happens on the land and property.
2.3. Session II
Theme Success stories on the gains on womens Land and Property Rights in Kenya
2.3.1. Community Led Public Land Mapping
Presentation: Teresia Muthoni Kimani - Groots
Groots Kenya is a NGO comprising of women self-help groups and community organizations in
Kenya; it seeks to mainstream women and their interests in the decision-making by ensuring
womens visibility and participation in the decision-making processes and systems.
The
organization mainly deals with grassroots women and seeks to change the passive attitude and
perceptions that women have internalized through socialization, by transforming them into active
beneficiaries, especially with regards to land and property control and ownership.
Teresia Muthoni Kimani, a representative of Groots Kenya, spoke of the work Groots does in
facilitating the actualization of women participation to ensure access to public land. She stressed
that the general population of Kenya have sovereignty and thus need to participate in identifying
public land. Subsequently after the promulgation of the CoK in 2010, Groots took the initiative
in recording and safeguarding land as provided by Article 61b constitution. Formerly women were
not involved in discussing land issues. However, Ms. Kimani expressed that the CoK allows for
and encourages marginalized and vulnerable groups, including women, to participate and be
involved in land issues and in mapping of public land.
11
In many of its endeavors to realizing WLPR, Ms. Kimani noted that Groots has a platform to
replicate their efforts and paradigms used in identifying and mapping of public land throughout
Kenya and other countries. For instance, they have established Watch Dog Teams, namely people
who take care of public lands incase others want to grab or use the land without the consent or
involvement of the community. Furthermore, the communities that Groots work with have come
to know and appreciate the importance of public land being managed appropriately. In many
instances, Ms. Kimani emphasized that they have managed to get people to surrender properties
that were actually public land as opposed to evicting those who are squatters.
Ultimately, Ms. Kimani encouraged the participants to understand that, as citizens, they are also a
force of the state and need not to wait for the government to act on their behalf to regulate public
lands.
2.3.2. Women Land Struggle at the Coast
Presentation: Sureya Hersi
Sureya Hersi, the national vice chairperson of the Maendeleo ya Wanawake Organization,
commenced by acknowledging that women in the coast have historically been perpetual
squatters. She explained that though the CoK has resulted in gains for women, most women
continue to struggle for control and ownership over land and property. Hersi noted that policy
interventions coupled with capacity building and training of women on their rights, are resulting
in positive and visible effects on access, control and ownership by women in the coast with specific
regard to the management and decision-making in land and property matters.
She cited Mwakirunge as an example of the latter. It is an area where land investors have repeatedly
come to buy land and managed to acquire it for very little money from title deed owners. However,
with increased awareness of their rights and decision-making over their environment and the large
role they play in production (80%), women in the area are no longer allowing their land to be sold.
She added that in many regions at the coast women have faced issues of non compensation with
12
regard to their land and property being illegally sold, however women now mobilize one another
to fight for adequate pay for their land thus enabling them to gain settlements elsewhere.
With increased awareness, she noted, women at the coast have commenced stopping their
husbands from selling the land as they realize that when sold, it lessens their ability to fend for
their families. Hersi, finally maintained that evidently, when women are made aware of their rights,
they are able to stand for them.
2.3.3. Speech on Women Land Struggle at the Coast
Honorable Mishi Juma, Mombasas Womens representative
Hon. Mishi Juma, Mombasas Womens representative opened her speech by acknowledging and
thanking KLA for its works on educating women on issues of land.
She acknowledged that while the CoK is a fundamental starting point to the realization of WLPR,
it is vitally important that other national policies and Acts accompany it. She noted that often due
to the tyranny of numbers between men and women in parliament, with men dominating, the
process of getting relevant laws for facilitating the quest to actualizing WLPR is often a tug of war
that women often tend to lose. She acknowledged that the Matrimonial Bill that was finally passed
in parliament ensured that women were able to inherit property, though the bill could be amended
13
to not allow for certain customary practices that contradict the spirit of the bill. On this account
she advised participants to ensure that laws are read and evaluated and analyzed keenly in order to
prevent the passing of retrogressive laws.
Hon. Juma further spoke about controversial pending issues that if handled legally, appropriately
and fairly could stand to improve the livelihood for women. She cited Waitiki farm where the land
has been disputed for years between squatters and Waitiki. She also acknowledged that the
different stakes and vested interests by different stakeholders regarding this land might result in
the sidelining of women. Nonetheless, Hon. Juma expressed hopefulness that the current
surveying and mapping out of the boundaries of the farm will eventually result in women acquiring
ownership over the land. Moreover, according to Hon. Juma, in other instances, the illegal transfer
of title deeds, at the coast has resulted in natives who are the rightful owners of the land being
evicted and in the circumstances where they are offered compensation, the settlement tends to be
insufficient for them to rebuild their lives elsewhere.
In conclusion, Hon. Juma asserted that in similar cases surveying needs to be executed to facilitate
the returning of title deeds back to the natives in order to empower them to decide whether they
wish to sell and the price at which to do so.
2.3.4. The Luo Council of Elders
Presentation: Elder Adera Osawa
Adera Osawa, the secretary general of the Luo Council of Elders, opened his presentation by
informing participants that within the Luo community the struggle on land issues and
empowering women started long before the promulgation of the CoK. He expressed that elders
are the custodians of tradition and therefore it has been their duty to ensure that women have
access to land and that they hold it in trust for their children and generations to come. Mr.
Osawa highlighted that because of the HIV/AIDS scourge many women who become widows
found themselves being thrown out of their matrimonial homes by relatives of their late
husbands who used culture as a perfect excuse to disinherit them thus exposing them to health
14
and other social related risks. Orphaned children remained with their grandmothers after the
death of their parents and therefore the Luo Council of elders stood firm and began intervening
through resettling of the disinherited widows and their children.
Article 159 (2) (c) which provides that alternative forms of dispute resolution including
reconciliation, mediation, arbitration and traditional dispute mechanisms shall be promoted has
motivated council of elders who until now have resettled over 400 disinherited widows back to
their homes. The elder explained that it was culturally believed that women were the custodians of
land since they tilled it and were primarily involved in the production of food from the lands. On
the contrary, men were solely expected to play the role of protectors, as land and property were
sensitive enough to generate fights between communities.
He noted that the practice of land registration raised challenges as men became sole heirs.
Nonetheless, the Luo elders continue their work in assisting women in the battle of inheritance.
Osawa insisted that any practices and beliefs that contradict the constitution or do not add value
to the community must be done away with. With this aim central to their work, it was stated that
15
the Luo community elders have succeeded in resettling over 300 widows and protecting and
promoting the rights of women in line with the constitution.
In conclusion Osawa thanked KLA for their dedication and accomplishments in educating people
about their land and property rights as many did not know what they entailed as per the CoK 2010.
2.4. Session III
Theme - Reflecting on the gains, challenges and opportunities of the land reform process
for women rights.
2.4.1. Plenary Session
Facilitator: Dr. Ruth Aura
Dr. Ruth Aura senior lecturer at Egerton University and the current Chairperson of FIDA Kenya,
expressed that she was impressed by the diversity of participants in the forum. She was especially
inspired to see the council of elders representing WLPR; stating that, often issues of control and
ownership of land by women stem from customary practices that do not allow women to own or
inherit land. However, given the support of elders at the forum she noted that culture is not
16
necessarily negative as the custodians (the elders) acknowledge the importance of women in
society. However, she noted that while this was good, there only exists 5% acceptance and a 95%
element of rejection for women to own land amongst most elders. The adherence to traditions
that go against the constitution and impede human rights of women further perpetuate this.
Dr. Aura asserted that retrogressive customs and practices are no longer tenable in this day and
age as prescribed by the law. She noted that while the law is progressive, it is not self-executing
and thus relies on the people especially community elders in these communities for advocacy and
new agendas because that is where discrimination is prominent. The understanding was that the
elders are acclaimed in these societies and thus have the potential to influence their communities
from their platform and ensure that there is very little resistance from the community.
Subsequently, Dr. Aura commenced a time of reflection, based on the discussed experiences
shared and personal experiences on the issue of gains made by women on their land rights in the
CoK 2010. Participants were encouraged to be honest and candid in their responses on how to
safeguard and ensure womens rights on land and also to not lose the momentum of the progress
that has been made. She encouraged a cross-cultural dialogue on the lessons to be learned based
on the four main questions that structured the discussion and responses from participants.
First, the participants were asked to name specific issues that there organization focus on in an
effort to tackle the challenges that face women. The areas of focus form participants differed and
yet there were points of congruencies amongst their areas of work. These areas were mainly:
Assisting women with land registration and ensuring that they are included in matrimonial
properties and that they keep spousal burial documents as a means of preventing future
displacement and dispossession.
Advocacy, capacity building and publicizing in local communities about womens land and
property issues and the importance of equality in this sector.
Using international human rights law to promote womens access to justice and
information, encourage leadership and womens empowerment
17
Working closely with widows and orphans who have been disinherited due to their HIV
status
Secondly, Dr. Aura asked participants to discuss the specific approaches and strategies their
organizations utilize to address womens property rights. Given the participants different focus
areas and audience with respect to WLPR, there were numerous strategies utilized by the different
organization and institution representatives in achieving their objectives. These included:
Lobbying legislators at the national and county level to formulate laws that are inclusive of
women and their interests
Working to ensure that civic education at the primary and secondary level of schools
includes information on land and property rights as prescribed for by the law
In promoting awareness amongst women in rural areas, some organizations use forums
that are accessible to grassroots women i.e. radios, chamas, elders forum, churches,
mosques, and schools.
Encouraging and training women to be leaders and representatives in decision-making
processes
Improving womens literacy levels
Establishing watch dog committees to mainly help in public land disputes
Subsequently, participants were asked to explain how they ensure that the work done by the
organization trickles down to the community they work with. The key measures discussed were:
Targeting increased participation at the lower levels of community
Reaching out to and working directly with grassroots women
Utilizing health facilities as a location to target more of a variety and diverse women
Training elders on the new laws and mediation techniques.
18
Lastly, participants were asked to discuss the specific challenges they believe women face in policymaking processes. The following were found to be the main hindrance contributing factors in the
sector:
In some areas the gender roles of women prevent them from being able to attend forums
that facilitate participation in this sector. For instance their triples roles may not allow for
free time and often times women require permission from their husbands to attend
Tyranny of numbers lack of a gender balance - as women are few in the decision making
processes it further limits their ability to participate equally in these processes and make
them more susceptible to political interference and influence
Often, laws are drafted from the top without any input from the grassroots level where
most women are found.
Women lack certain important capacities and resources to engage in policy formulation i.e.
education and information
Discrimination and gender-based violence
At times even if included in these processes, some women at times pull back and let men
handle issues especially those pertinent to land and property
Ultimately, participants found that while the laws and reforms provided entry points to advocacy
and agenda formulation other priorities needed to be addressed in order to ensure success in the
full realization of WLPR. It was mentioned that it is important to have the issues addressed by
laws be sourced from the grassroots level as opposed to the top down approach of drafting the
laws and then notifying the population. It was also found to be equally important to maintain
open and accessible channels of communication between communities and policy makers and
ensure a gender balance amongst the individuals participating at all levels and that they have equal
access to the information provided.
19
2.5. Declarations and Commitments
The forum resulted in a renewed commitment and an organized push for the realization of WLPR
by the stakeholders present. This was solidified by the written declarations and commitments
submitted by the participants on how to best move forward in the quest to realize WLPR in Kenya.
A collection of a few declarations and commitments submitted are included below.
20
21
22
2.5 Closing Remarks
The closing remarks and vote of thanks was given by KLA board member Mr. Nagib Shamsan
who thanked everybody for turning up for the forum and encouraged delegates to ensure
continued push of the womens land agenda.
23
APPENDICES
Appendix I: Forum Programme
8:30 8:30 am: Registration
8:30 8:40 am: Opening Session
Serakasi Dancers perform
Opening Remarks
o Winnie Mitullah, Board Member of Kenya Land Alliance
8:40 9:10 am: Session 1
Theme: Situational Analysis of Womens Land and Property Rights in Kenya
Documentary Introducing the Situation of Womens Land Rights in Kenya
o Hillary Ogina, Communication Officer of Kenya Land Alliance
Situational Analysis of Womens Land and Property Rights in Kenya
o Christine Ochieng, Executive Director of FIDA KENYA
Speech on the Situational Analysis of Womens Land and Property Rights in
Kenya
o Hon. Esther Mathenge, a former Kenyan Minister and Member of
KEWOPA
9:10 10:30 am: Session II
Theme: Success Stories on the Gains on Womens Land and Property Rights in Kenya
Community Led Public Land Mapping
o Teresia Muthoni Kimani, Groots Kenya Representative
Womens Land Struggle at the Coast
o Sureya Hersi, The National Vice Chairperson of the Maendeleo ya Wanawake
Organization
Speech on Womens Land Struggle at the Coast
o Hon. Mishi Juma, Mombasas Womens representative
The Luo Council of Elders
o Adera Osawa, the secretary general of the Luo Council of Elders
10:30 11:00 am: Tea Break
Serakasi Dancers Perform
11:00 12:50 pm: Session III
Theme: Reflecting on the Gains, Challenges and opportunities of the Land Reform
Process for Womens Land and property Rights
Plenary Session
o Dr. Ruth Aura, senior lecturer at Egerton University and Chairperson of
FIDA KENYA
Declarations and Commitments
o Dr. Ruth Aura
12:50 1:00 pm: Closing Session
Vote of Thanks
o Nagib Shamsan, Board Member of Kenya Land Alliance
1:00 2:00 pm Lunch and Networking
Serakasi Dancers Perform
24
Appendix II: List of Conference Participants
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
NAME
ABENAITWA, CLIFF
ABER, PATIENCE
AURA, RUTH DR.
AURA, TESSY
BALC, SUSAN
DIMATTEO, FRANCESCA
DOLCHE, ESTERINE
ENGODO, BEATRICE
FAITH, AGNES
GODIA, JANE
GOLLO, NURIA
H, MICHAEL
HIMANUNDI COLLINS
HUTAB, FABIAN
ISMAIL, SIYAMA
JUMA, MISHI
KAGINA, MISIBA
KANGALIO, ESTHER
KASUKU KALOLO ALBAN
KERA, ALICE
KEYONZO, JOY
KIMANI, TERESIA
KIMEU, WILFRED
KIUKIBE, JAMES
KWESIGA, PASCAL
LEINA, AGNES
LUCY MATHENGE
M, KEITH MARK
MATHENGE, ESTHER
MBARAK, HUSNA
MBOKO, VIOLET
MENZA, RAYMOND
MITULLAH, WINNIE
MUGERWA, FRANCIS
MUKANDUNDA,
WINFRED
MULABU, ANN
MUNGAI, PRISCILLA
MUSHENGYEZI, AARON
MUTHIGA, VOILE
MUTUKU, IRENE
MWACHIRO, VINCENT
ORGANIZATION/GROUP
RADIO..
NEW VISION NEWSPAPER
EUSOL
RAPPORTEUR
DEPT. GSS
KLA
NLC
TRANSPARENCY
KWMO
AFRICAN WOMEN AND CHILD FEATURES
MWADO
TROCAIRE
VENTURES AFRICA
NLC
KENYA NUBIAN CULTURAL
AMBASSADORS
PARLIAMENT
D.S.S.
RWPL
BISHOP
KALENJIN ELDERS
NGEC
GROOTS
TROCAIRE
ICCK
COMMUNITY LEADER MERU
DAILY MONITOR
PARLIAMENT
KLA
SYW
MRP
KLA
BUNY..
UOBDU
HURIA
NATIONAL COUNCIL OF ELDERS
MS.TCDC
SAUTI YA WANAWAKE
HAKIJAMII
MIJIKAYA
25
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
MWAILEMI, GRACE
NGATIA, GRACE
NGUGI, JAMES
NYAMUSI, NOEL
NYONCHEMA, ANGELA
OCHIENG, BATHLOMEAU
OCHIENG, CHRISTINE
ONDENG, NANCY
ODIDA, LYNETT
OGINA, HILLARY
OJUMA, NICK
OKECH, JOHN
OKIDI, DOLPHINE
OKOKE, AMBROSE
ONDENG, ONYANGO
ONYANGO, SAMORA
OROWE, JOYCE
ORUKU, ELIZABETH
OSAWA, ADERA
OTIENO, JEFF
OTIENO, SARAH
PARSANICA SAIARICA
PLINTER, DAVID
ROBLE, SUREYA
ROKWARO, AGNES
RUGADYA, DR. M
RUTERE, PHARES
SEII, JOHN
SHAMASAN, NAJIB
SHIKUKU, YELMA
SHOM, JULIANN
SSEFFUMBLE, TYABA
TANKI, SOPHY
THUITA, DANIEL
WANJALA, SAMMY
WANJECHEKA, SELLAH
WEKESA, RODAH
80
81
YATOH, MONICA
YENYWA, GERALD
KLA
GROOTS
MERU ELDER
KLA
RECONCILE
MT. ELGON PEACE INITIATIVE
FIDA
KLA
GENDER SOCIAL
KLA
BLUECHIP
NYAKACH
KLA
KCCB ISIOLO
KELIN
LANGNET
ELDER
C MEMBER
LUO COUNCIL OF ELDERS
BLUE CHIP MEDIA
MIRROR
ICCK
MS.TCDC
MYWO
KLA
FORD
COUNCIL OF ELDERS
KALENJIN ELDERS
KLA
LBGNET
MS.TCDC
NBS TV
OWEP
NJURI NCHEKE
KLA
KLA
NYANDO WIDOWS AND ORPHANS
ASSOCIATION
DONK
26

Report Multistakeholder Forum Final 2

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Report Multistakeholder Forum Final 2

Uploaded by

Copyright:

Available Formats

THE KENYA LAND ALLIANCE

OLE SERENI HOTEL,

FORUM TO TAKE STOCK OF GAINS MADE ON

Women are not property

About Kenya Land Alliance .............................................................................................. 1

Forum Background and Context .................................................................................... 1

Forum Objectives ................................................................................................................. 2

Organization of the Forum ............................................................................................... 2

FORUM PROCEEDINGS ........................................................................................................ 4

Opening Session ................................................................................................................... 4

Community Led Public Land Mapping ..................................................................................11

Session III ............................................................................................................................... 16

Documentary Introducing the Situation of Womens Land Rights in Kenya................... 5

Plenary Session ............................................................................................................................. 16

Declarations and Commitments ........................................................................................ 20

Civil Society Organizations

Federation of Women Lawyers Kenya

Kenya Women Parliamentary Association

Kenya Land Alliance

Womens Land and Property Rights

It has been highly acknowledged for its

The enactment of the Constitution was followed by a number of land related

Participants listen during official opening

Sarakasi dancers entertain during the opening session

You might also like