The Struggle for Land Ownership

In Kenya, women are increasingly asserting their right to own and inherit land, a critical resource for economic stability and food security, challenging deeply entrenched patriarchal norms and customary laws. This mirrors a global struggle, as seen in Mexico where women traditionally did not inherit ancestral island farms. In Kenya, this fight is particularly crucial given that women constitute an estimated 80% of the agricultural labour force and are responsible for 70-80% of food production, especially in subsistence farming.

However, despite their pivotal role, women face significant disparities in land ownership. As of 2022, 75% of women did not own agricultural land, and only about 3% of women in Kenya hold individual land title deeds, while 20% jointly own land with a spouse or partner. This represents a decline from 2014, when 61.3% of women aged 15-49 did not own any land.

Legal Framework and Persistent Barriers

Kenya's Constitution, enacted in 2010, guarantees equal rights for women, including the right to inherit property. Further legislative support comes from the Matrimonial Property Act (2013) and the Land Act (2012), which recognise women's rights to own and inherit land.

Despite these progressive legal provisions, implementation remains a significant hurdle due to deeply ingrained patriarchal norms and a lack of awareness among women about their legal rights. Customary laws often supersede formal legal frameworks, prioritising male inheritance and excluding daughters and widows from land ownership. Women who challenge these traditions risk social ostracism and violence, deterring many from pursuing their legal entitlements.

Economic and Social Implications

The lack of secure land rights severely limits women's capacity to make long-term investments in sustainable farming practices, hindering agricultural productivity and perpetuating a cycle of poverty and dependence. Without land ownership, women struggle to access credit facilities, which often require land as collateral, and have limited access to agricultural extension services, training, and modern technologies.

This exclusion from land ownership also translates to underrepresentation in leadership and decision-making positions within the agricultural sector, further limiting their ability to influence policies that directly affect their livelihoods.

Efforts Towards Change and Future Outlook

Numerous organisations and government initiatives are working to address these disparities. The Kenya Land Alliance (KLA) and FIDA Kenya are at the forefront, advocating for policy reforms, raising awareness, and providing legal assistance to women. The Kenya Women Parliamentary Association (KEWOPA) is also championing legal and policy reforms and empowering grassroots women through awareness creation and capacity building.

Government initiatives like the Youth and Women Empowerment in Modern Agriculture Project (Y-MAP) aim to train women in agribusiness skills and equip them with modern agricultural resources. Additionally, collaborative projects by UN Women and FAO Kenya are empowering women in arid regions through climate-smart agriculture.

While success stories exist, such as women's cooperatives improving income and bargaining power, the journey towards equitable land rights for Kenyan women is ongoing. Continued efforts are needed to bridge the gap between progressive legislation and deeply entrenched cultural practices, ensuring that women can fully participate in and benefit from Kenya's agricultural sector.

Evidence/Data Box

• Women in Agriculture: Women constitute an estimated 80% of Kenya's agricultural labour force and are responsible for 70-80% of food production.
• Land Ownership Disparity: Only about 3% of women in Kenya hold individual land title deeds (Kenya National Bureau of Statistics, 2022).
• Agricultural Land Ownership: 75% of women did not own agricultural land in 2022, an increase from 61.3% in 2014 (KIPPRA, 2024).
• Title Deeds Issued to Women: Only 10% of the 3 million title deeds processed between 2013 and 2017 were issued to women (Kenya Land Alliance, 2018).

What to Watch

The effectiveness of ongoing legal reforms and advocacy efforts in shifting deeply ingrained cultural perceptions of land ownership will be crucial. The progress of initiatives aimed at increasing women's access to agricultural financing, training, and technology will also be key indicators of change. Furthermore, the representation of women in land governance bodies and their participation in decision-making processes will determine the pace of achieving equitable land rights in Kenya.