Despite progressive laws, land ownership still a tall order for women

Higher property ownership is associated with higher financial inclusion among men than among women. [iStockphoto]

I grew up, like many women, watching the effects of culture on our economic empowerment. For a long time, women could not buy land or invest in real estate due to cultural limitations as these assets were seen as rights of men and not women.

Women's economic empowerment is a critical component of gender equality and sustainable development. It has been demonstrated time and again that when women are economically empowered, they can contribute significantly to their families' well-being and overall economic growth of a country.

Our Constitution is celebrated as one of the most progressive in Africa as far as securing women's land and property rights is concerned. Article 60(1) directs that land be held, used, and managed in an equitable, efficient, productive, and sustainable manner and accordance with principles of equitable access to land, security of land rights and the elimination of gender discrimination in law, customs and practices related to land and property. Article 40 guarantees the right to own property for all.

In 2013, Kenya enacted the Land Registration Act which simplified and streamlined the land registration process. This new law makes it easier for women to own and register land in their names thus protecting their property rights. Additionally, in 2016, the government passed the Community Land Act which recognises community land rights and provides for their management, registration, and administration. This law benefits women in rural communities who traditionally face the greatest obstacles to land ownership and investment through retrogressive cultural practices.

The government has also taken steps to promote women's financial inclusion through the establishment of Women Enterprise Fund. The Fund provides women with access to financing and business training to start and grow their businesses. They also prioritise women's access to credit and loan facilities, making it easier for them to invest in land and real estate.

While we have all these gender-responsive reforms in laws and policies related to land, even where laws are aimed at furthering gender equality or are at the very least gender neutral, lack of implementation, awareness and enforcement severely hampers women's ability to claim and protect their rights.

As our society grows in knowledge, we have seen the progressive death of a lot of retrogressive cultural laws that have previously hindered women and girls from inheriting property. Unlike in the past when property was mainly considered to be under a man's scope in Kenya, wives, widows, and girls can now inherit land from their families or directly seek to purchase. Fathers and husbands may leave wills which clearly stipulate the inheritance process. Women have also been empowered to own property without needing a co-sign from any male figure.

Despite the progress that has been observed over the years, gender inequalities remain pervasive in property ownership and exacerbate gender gaps in access to productive assets. According to the 2021 Fin Access Household Survey, women are less likely to own land, with 45.36 per cent of men owning land compared to 38.81 per cent of women. Higher property ownership is associated with higher financial inclusion among men than among women.

There is still a lot of work to be done to break the cultural norms and ideologies that it is the men that ought to own property, especially in rural areas. The ongoing legislation and institutional reforms must engage with customs, traditions and practices that govern land and property ownership in order to deconstruct and re-conceptualise existing attitudes, beliefs, and perceptions.