report multistakeholder forum final 2

8/18/2019 Report Multistakeholder Forum Final 2

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OLE SERENI HOTEL,NAIROBISEPTEMBER 22, 2015

“ Women are not property

but land is property that

women can own!”

FORUM TO TAKE STOCK OF GAINS MADE ONWOMEN LAND AND PROPERTY RIGHTS IN KENYA

SINCE THE PROMULGATION OF THE

CONSTITUTION OF KENYA 2010

THE KENYA LAND ALLIANCE


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Forum to Take Stock of Gains Made on Women Land and Property Rights in Kenya Since the Promulgation of the Constitution of Kenya 2010

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TABLE OF CONTENTS1.0 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. Documentary Introducing the Situation of Women’s Land Rights in Kenya ................... 5 2.2.2. Situational Analysis of Women’s Land and Property Rights in Kenya .............................. 6

2.2.3.

Speech on the Situational Analysis of Women’s Land and Property Rights in Kenya ... 9

2.3. Session II ................................................................................................................................ 11 2.3.1. Community Led Public Land Mapping ................................................... ............................... 11 2.3.2. Women Land Struggle at the Coast ...................................... ................................................... 12 2.3.3. Speech on Women Land Struggle at the Coast ...................................... ............................... 13 2.3.4. The Luo Council of Elders ....................................................... .................................................. 14

2.4. Session III ............................................................................................................................... 16 2.4.1. Plenary Session ............................................... ......................................................... ..................... 16

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

APPENDICES .................................................................................................................................... 24

Appendix I: Forum Programme ................................................... ....................................................... .... 24


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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 : Women ’s Land and Property Rights


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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 Women’s 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

Women’s 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 Women’s 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 Wom en’s Land and Property Rights by all stakeholders

and the output a renewed commitment of the participants toward the fight for the actualization

of Women’s Land and Property Rights. This commitment was solidified through signed

declarations and on how each participant intended to move forward in this quest .


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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 women’s 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


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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 women’s

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


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Participants listen during official opening

Sarakasi dancers entertain during the opening session


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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 wom en’s 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


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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 Women’s Land and Property Rights in Kenya

2.2.1. Documentary Introducing the Situation of Women’s Land Rights in Kenya

The documentary flagged out gains and success stories on WLPR eminent since the promulgationof the Constitution. In the documentary, Mr. Odenda Lumumba, Chief Executive Officer (CEO)

of KLA, commented on factors impeding and exhausting women’s 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


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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 Women’s 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%.


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She maintained dismal progression of women’s 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; non-

discrimination 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


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and thus is expected to have major implications for women’s 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 land-

based 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 women’s 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


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“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 women’s 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 Women’s 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.


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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


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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 women’s 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

women’s visibility and participation in the decision-making processes and systems. The

organization mainly deals with grassroots women and seeks to change the passive attitude andperceptions 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.


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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


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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, Mombasa’s Women’s representative

Hon. Mishi Juma, Mombasa’s Women’s 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


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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


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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


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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


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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 w omen’s 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 women’s land and

property issues and the importance of equality in this sector.

Using international human rights law to promote women’s access to justice and

information, encourage leadership and women’s empowerment


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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 women’s 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 women’s 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.


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Lastly, participants were asked to discuss the specific challenges they believe women face in policy-

making 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.


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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 commitmentssubmitted 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.


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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 women’s land agenda.


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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 Women’s Land and Property Rights in Kenya

Documentary Introducing the Situation of Women’s Land Rights in Kenya o Hillary Ogina , Communication Officer of Kenya Land Alliance

Situational Analysis of Women’s Land and Property Rights in Kenya o Christine Ochieng , Executive Director of FIDA KENYA

Speech on the Situational Analysis of Women’s Land and Property Rights inKenya

o Hon. Esther Mathenge, a former Kenyan Minister and Member ofKEWOPA

9:10 – 10:30 am: Session II Theme: Success Stories on the Gains on Women’s Land and Property Rights in Kenya

Community Led Public Land Mappingo Teresia Muthoni Kimani, Groots Kenya Representative

Women’s Land Struggle at the Coast o Sureya Hersi, The National Vice Chairperson of the Maendeleo ya Wanawake

Organization Speech on Women’s Land Struggle at the Coast

o Hon. Mishi Juma, Mombasa’s Women’s representative The Luo Council of Elders

o Adera Osawa, the secretary general of the Luo Council of Elders10:30 – 11:00 am: Tea Break

Serakasi Dancers Perform11:00 – 12:50 pm: Session III

Theme: Reflecting on the Gains, Challenges and opportunities of the Land ReformProcess for Women’s Land and property Rights Plenary Session

o Dr. Ruth Aura, senior lecturer at Egerton University and Chairperson ofFIDA KENYA

Declarations and Commitmentso 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


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Appendix II: List of Conference Participants

NAME ORGANIZATION/GROUP1 ABENAITWA, CLIFF RADIO..

2 ABER, PATIENCE NEW VISION NEWSPAPER3 AURA, RUTH DR. EUSOL4 AURA, TESSY RAPPORTEUR5 BALC, SUSAN DEPT. GSS6 DIMATTEO, FRANCESCA KLA7 DOLCHE, ESTERINE NLC8 ENGODO, BEATRICE TRANSPARENCY9 FAITH, AGNES KWMO10 GODIA, JANE AFRICAN WOMEN AND CHILD FEATURES11 GOLLO, NURIA MWADO

12 H, MICHAEL TROCAIRE13 HIMANUNDI COLLINS VENTURES AFRICA14 HUTAB, FABIAN NLC15 ISMAIL, SIYAMA KENYA NUBIAN CULTURAL

AMBASSADORS16 JUMA, MISHI PARLIAMENT17 KAGINA, MISIBA D.S.S.18 KANGALIO, ESTHER RWPL19 KASUKU KALOLO ALBAN BISHOP20 KERA, ALICE KALENJIN ELDERS

21 KEYONZO, JOY NGEC22 KIMANI, TERESIA GROOTS23 KIMEU, WILFRED TROCAIRE24 KIUKIBE, JAMES26 KWESIGA, PASCAL NEW VISION NEWSPAPER27 LEINA, AGNES ICCK28 LUCY MATHENGE COMMUNITY LEADER MERU29 M, KEITH MARK DAILY MONITOR30 MATHENGE, ESTHER PARLIAMENT31 MBARAK, HUSNA KLA

32 MBOKO, VIOLET SYW33 MENZA, RAYMOND MRP34 MITULLAH, WINNIE KLA35 MUGERWA, FRANCIS BUNY..36 MUKANDUNDA,

WINFREDUOBDU

37 MULABU, ANN HURIA38 MUNGAI, PRISCILLA NATIONAL COUNCIL OF ELDERS39 MUSHENGYEZI, AARON MS.TCDC40 MUTHIGA, VOILE SAUTI YA WANAWAKE

41 MUTUKU, IRENE HAKIJAMII42 MWACHIRO, VINCENT MIJIKAYA


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43 MWAILEMI, GRACE KLA44 NGATIA, GRACE GROOTS45 NGUGI, JAMES MERU ELDER46 NYAMUSI, NOEL KLA

47 NYONCHEMA, ANGELA RECONCILE48 OCHIENG, BATHLOMEAU MT. ELGON PEACE INITIATIVE49 OCHIENG, CHRISTINE FIDA50 ONDENG, NANCY KLA51 ODIDA, LYNETT GENDER SOCIAL52 OGINA, HILLARY KLA53 OJUMA, NICK BLUECHIP54 OKECH, JOHN NYAKACH55 OKIDI, DOLPHINE KLA56 OKOKE, AMBROSE KCCB ISIOLO

57 ONDENG, ONYANGO KELIN58 ONYANGO, SAMORA LANGNET59 OROWE, JOYCE ELDER60 ORUKU, ELIZABETH C MEMBER61 OSAWA, ADERA LUO COUNCIL OF ELDERS62 OTIENO, JEFF BLUE CHIP MEDIA63 OTIENO, SARAH MIRROR64 PARSANICA SAIARICA ICCK65 PLINTER, DAVID MS.TCDC66 ROBLE, SUREYA MYWO

67 ROKWARO, AGNES KLA68 RUGADYA, DR. M FORD69 RUTERE, PHARES COUNCIL OF ELDERS70 SEII, JOHN KALENJIN ELDERS71 SHAMASAN, NAJIB KLA72 SHIKUKU, YELMA LBGNET73 SHOM, JULIANN MS.TCDC74 SSEFFUMBLE, TYABA NBS TV75 TANKI, SOPHY OWEP76 THUITA, DANIEL NJURI NCHEKE77 WANJALA, SAMMY KLA78 WANJECHEKA, SELLAH KLA79 WEKESA, RODAH NYANDO WIDOWS AND ORPHANS

ASSOCIATION80 YATOH, MONICA DONK81 YENYWA, GERALD NEW VISION NEWSPAPER

report multistakeholder forum final 2

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