Impediments to full realization of women’s right to property in Kakamega District, Kenya.
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Date
2011-09
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Abstract
The study examined the impediments to full realization of women’s rights to
property in Kenya using Shinyalu Constituency, Kakamega District as a Case Study. The
study investigated the various forms of property ownership in Kakamega District, the
impediments to full realization of women’s right to property ownership in Kakamega
District, and the effectiveness of the measures the Government of Kenya has put in
place to mitigate the impediments to full realization of women’s right to property
ownership in Kakamega District. The study targeted 480 respondents out of the six
divisions of Shinyalu Constituency, Kakamega District, who were studied using a
Researcher Generated Structured Questionnaire, Interview Schedule, and Documentary
Review.
The study made three important discoveries. First, there are three major forms
of property ownership in Kakamega District which include customary/communal
property ownership, freehold property ownership, and co-ownership of property.
Second, the study also revealed that the various impediments to full realization of
women’s property ownership in Kakamega District include poverty, illiteracy, biased
cultural attitudes and customary laws, harmful cultural practices, corruption, poor
governance, discriminatory property laws, limited implementation, lack of awareness,
ineffective courts, and poor representation of women. Third, the study further revealed
that the measures put in place by the Government of Kenya to mitigate the
impediments to full realization of women’s right to property ownership are ineffective.
To overcome the cited impediments, the researcher recommends that both the
Government of Kenya and other stakeholders should institute legal, institutional and
programmatic reforms; domesticate and implement the international human rights
treaties; provide budgetary and other resources necessary for effective implementation
of laws and policies; set up accessible, affordable and impartial courts especially in the
rural areas; develop tools for inheritance rights and empower women through legal and
other literacy programmes
Description
A Thesis Presented to the School of Postgraduate Studies and Research, Kampala International University, Kampala, Uganda In partial fulfillment of the Requirements for the Degree of Master of Arts in Human Rights and Development
Keywords
Women’s right to property, Kakamega District, Kenya.