Resource information
Women’s rights to land remain a contested issue in Kenya despite the acceptance of the principle of equality of the genders in law. The 2010 Constitution of Kenya clearly provides for the principles of equality and non-discrimination at Article 27. Moreover, in the land policy principles and the national values and principles of governance, gender equality is included. Despite these clear provisions however, gender inequality in land relations persists. The patriarchal social ordering that privileges men in land holding has been a greater barrier to women’s land rights. This is exacerbated by customary law norms that have been skewed in favor of male dominance in land holding.1 Post-colonial states have, while allowing for the continuation of application of customary law norms on issues of gender and land, relegated them to the back burner. The application of customary law norms was historically subjected to the test of conformance with justice and morality and more recently to constitutional imperatives
