Article Index
7. Gender Concerns in Kenya Land Governance
The Constitution under Art. 18 provides for equal treatment of all persons under the law. Under Art. 19 provision is made for equal treatment of women and men in the political, economic, cultural and social spheres and prohibits discrimination on grounds of sex, race among others. Art. 60 of the Constitution of Kenya provides that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles vide: equitable access to land; security of land rights; sustainable and productive management of land resources; transparent and cost effective administration of land; sound conservation and protection of ecologically sensitive areas; elimination of gender discrimination in law, customs and practices related to land and property in land; and encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution.
It further provides for the implementation of the above principles through a national land policy developed and reviewed regularly by the national government and through legislation. The National Land Policy provides for improvement of gender equity in land use, management, and ownership. It provides for the need to protect women’s right to inherit land, protect the land rights of widows and divorcees and establish a matrimonial property framework that provides equal rights to land for men and women during marriage and upon dissolution of the marriages.
The requirement of spousal consent under the Land Act for the execution of any charge or sale of a matrimonial home is intended to protect the women. Further under the Land Registration Act, 2012, women rights are protected by allowing for joint tenancy including a presumption of joint tenancy for any land obtained for co-ownership and use by both spouses. The law grants a legal interest in land held in one spouse’s name where the other has contributed to it through his or her labour. All this is intended to protect women’s rights in respect to land since time and again they have been looked at as weak and vulnerable by society.