Emeka-Mayaka Gekara
26 June 2009
Nairobi — Kenyan women, who have suffered discrimination in inheritance of family property for decades, stand to win big if Parliament approves the new land policy.
The policy accepted by Cabinet recently seeks to reinforce women's rights to inheritance and acquisition of family land.
The radical move is likely to face resistance by forces supportive of cultures and traditions which had confined women to the fence of family property.
The most controversial is probably the commitment to "secure inheritance rights of unmarried daughters in line with practices of respective communities."
This effort to ensure unmarried daughters inherit a portion of their parents' land--though it is already happening in some communities--was among divisive issues that led to the defeat of the proposed new constitution in the 2005 referendum.
But the generality that the inheritance "should be in line with practices of respective communities" could be exploited to accommodate forces against the move.
The policy effectively puts tradition and modernity in a confrontation which could be played out at community gatherings as well as in Parliament when a relevant policy paper is brought for debate and approval.
Cabinet accepted the policy on Thursday.
The Federation of International Women Lawyers-Kenya on Friday described the decision as "historic and important" and congratulated the Cabinet for approving the "policy that ensures equal rights to land for both men and women."
"It recognises women's land rights as fundamental human rights," they said a statement signed by chairperson Naomi Wagereka.
According to the lawyers, Kenyan women only hold one per cent of land titles yet they form over 80 per cent of the workforce in the agricultural sector.
Fida asked Parliament to move fast and entrench the policy in the Constitution.
With the new policy, it may soon be difficult for a man to sell or mortgage family land without the consent of his wife.
To protect the rights of women, the government is supposed create room for joint or spousal registration and documentation of land rights. Before selling such land, the seller will be required to produce evidence--spousal consent- that the decision had been agreed upon by his or her partner.
If the policy is adopted, the government will review laws on matrimonial property to conform to the principle equality between women and men.
This is to ensure that men and women are entitled to equal rights to land and other land-based resources during marriage, dissolution and death of a spouse.
The new regulations also seek to empower minors with some amount of control of family property.
Most cultures and traditions block minors from making decisions over land.
Minority
"Minority does not constitute a barrier to proprietorship," says the document.
The policy not only requires women to be appointed to institutions dealing with land but also compels the government to amend laws discriminating against women in relation to land.
In addition, the government will carry out public education campaigns to "encourage the abandonment of cultural practices that bar women from inheriting land" and to encourages citizens to write wills with the aim of averting conflicts over inheritance.
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