Implementing Constitutional Land Provisions Now to Enable More Women to Own Land. March 8 is celebrated as the International Women’s Day – an event that celebrates women’s achievements on many scores ranging from the political to the social, and at the same time calling for gender equality.
These Regulations of the Cabinet Secretary for Land and Physical Planning implement provisions of the Community Land Act, 2016 ("Act") with respect to, among other things, recognition, protection and registration of community land rights, community land management committees, registration of communities, conversion of community land, settlement of disputes relating to community land, conversion of group representatives, a national programme for public education and awareness on provisions of the Act and the rights of communities over community land, and the preparation of Community Rules an
The Constitution of Kenya 2010 apportions responsibility of planning to both National and County governments. The County Government Act, 2012 obligates county governments to prepare and implement County Integrated Development Plans (CIDP). The CIDPs are, according to the act, five year plans that will form the basis of annual budgetary allocation by the county governments.
While women’s rights to land and property are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, which continue to prohibit women from owning or inheriting land and other forms of property.
Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.
Amid the realities of major political turbulence, there was growing recognition in 2016 that the land rights of Indigenous Peoples and local communities are key to ensuring peace and prosperity, economic development, sound investment, and climate change mitigation and adaptation. Despite equivocation by governments, a critical mass of influential investors and companies now recognize the market rationale for respecting community land rights.
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