By: Cynthia Soita
Despite legal reforms, Kenyan women still face barriers to inheritance
Kenya has made commendable progress in codifying women's rights to property and inheritance. However, legal reforms alone haven’t dismantled the deep-rooted cultural and systemic barriers that continue to limit women’s actual access to land and property.
The 2010 Constitution affirms gender equality and non-discrimination.
Article 27 guarantees equality before the law and equal protection.
Article 60 recognizes equitable access to land.
The Land Registration Act empowers women to own land independently.
The Law of Succession Act—although progressive—has historically been interpreted in ways that favor male heirs.
Recent amendments aim to close these gaps, but the law is often trumped by local customs, especially in rural areas.
The Land Act and Matrimonial Property Act are also critical:
They allow joint ownership between spouses.
They recognize non-financial contributions such as caregiving and homemaking.
But again, enforcement is inconsistent, and women often lack proof of contribution or access to legal aid.
Customary law still dominates in many communities:
Daughters are seen as temporary family members—expected to marry and leave.
There’s a deep-rooted fear that land inherited by women will fall under the control of their husbands or in-laws.
Some families pressure women to marry within the clan to “retain” the land, robbing them of autonomy.
As of 2024, only 12% of registered land in Kenya is owned by women—despite women comprising over 50% of the population.
This underrepresentation underscores the urgent need for legal and cultural reform.
Cultural Biases:
Traditional elders often pressure women to give up their rightful claims.
Weak Legal Enforcement:
Legal aid is expensive, courts are slow, and many women fear community backlash.
Economic Disempowerment:
Without financial means, women struggle to buy, register, or defend land rights.
Male-Dominated Land Boards:
Local boards often favor male inheritance claims, sidelining women’s rights.
True change requires more than legislation—it needs cultural transformation:
Public education campaigns should teach communities about the legality and morality of gender-equal inheritance.
Court systems must be trained and held accountable for upholding women's rights.
Economic empowerment through land rights programs and affordable legal services can help women assert ownership.
Women’s right to inherit is not just a personal issue—it’s a national issue. Without gender parity in property ownership, economic justice remains a dream.
Empowering women to claim their rightful inheritance is a necessary step toward equality, family security, and sustainable development.
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