Transparency International Kenya SECURING LAND INHERITANCE AND LAND RIGHTS FOR WOMEN IN KENYA A case study of Kakamega County Samuel Kimeu (Executive Director) Mary Maneno (Deputy Programmes Officer) Transparency International Kenya

“The cry of ‘land and freedom’ of colonial times continues to be the demand of many women and orphans who are left at the mercy of the greedy and insensitive relatives, friends and communities.” (GROOTS Kenya, 2012)

Presentation Outline Historical background on women’s access to land Corruption risk mapping tool: Findings of the Kakamega Study on inheritance rights of women Significance of promoting women's access to land How has culture been reframed in the current legislative framework on land? Recommendations to safeguard women land rights Going forward: What next with the corruption risk mapping tool? 3

Historical Background on Women’s Access to Land Rights Nearly 80% of Kenya’s approximate area of 582,646 sq. is arid or semi-arid. Majority of Kenyans are wholly dependent on land for sustenance and livelihoods. Concept of individual ownership of land was introduced during the British colonialization. Women’s rights over land were limited to fending and food production for the family. After independence, land owned by the colonialists was reverted to the state for distribution among communities whose land was alienated.

Development of the corruption risk mapping tool Objectives of the tool Stakeholders involved in the study: Transparency International Kenya and Centre For Rural Development (SLE) Participants: Grassroots women groups from GROOTS, government officials and other affected community members. Data collection : Analysis of existing literature such as legal documents and collation of empirical data; focused group discussions and field visits Main users of the results: TI-Kenya, the National Land Commission, the Ministry of Lands, civil society and academia in Kenya, and the public. The map will be an advocacy tool that will assist in filling the existing gaps in land and corruption. 5

Findings of the study: Factors negatively affecting the inheritance of women Social cultural factors such as discriminative customary laws Lack of awareness/ understanding of rights and responsibilities Poor implementation of land laws (lack of political will) Limited women participation/ representation in decision making bodies Technicalities of the legal system Fear of being stigmatised by society Weak institutional structures especially in enforcing provisions in law that are pro-women Financial constraints - Difficulty in accessing alternative forms of collateral especially on land 6

How has culture been reframed in the current legislative framework on land? The Constitution Land Laws The Land Act The Land Registration Act The Community Land Act The Marriage Laws Matrimonial property Act 2013 Marriage Act 2014. 7

Recommendations Raising public awareness to ensure land tenure rights are respected. Engage with affected communities in monitoring and reporting corruption risks Increasing and improving policy and academic research on land corruption and its gendered impact Gender training for traditional leaders in land governance Harmonising customary law and statutory law Inclusion of women in land governance institutions and building their awareness on fighting and reporting corruption Encourage joint titling of private property and registration of user rights Promote goodwill in safeguarding women rights to land Application of the land corruption risk mapping tool in addressing corruption risks in land governance 8

Website: http://www.tikenya.org Thank you! Website: http://www.tikenya.org Email: transparency@tikenya.org Facebook: TI-Kenya Twitter: @TIKenya Physical Address: Kindaruma Road, Off Ring Road, Kilimani Next to Commodore Office Suites Gate No. 713; Suite No. 4