Barriers to Land Ownership Among Widows in Kolwa East Ward, Kisumu County

Abstract

This was a cross-sectional study on barriers to land ownership among widows in Kolwa East Ward, Kisumu County. The study investigated the extent to which existing Kenyan legal frameworks and tools aid widows in gaining access to and control over land and the socio-cultural and economic factors that continue to bar widows from accessing and owning land within the context of the legal frameworks. The study population consisted of widows and data was collected through case narratives, focus group discussion, in-depth interviews and key informant interviews. The study was guided by Women Empowerment Framework. Thematic deductive approach was used to analyze the data and findings depicted in the form of themes. The study findings indicate that barriers to land ownership among widows in Kolwa East Ward, Kisumu County largely lie on the tedious process in accessing land documents, lack of support from relatives and local administrators and rules and norms on land ownership skewed in favour of men. Other major factors include widow inheritance, polygamy, religion, divorce and separation, education level and knowledge, unemployment and poverty as well as children. The study also showed that many widows are ignorant of the law on daughters being given land and even the few that are aware of this law are yet to come in to terms with it. By and large, the study results demonstrated limited ownership of land by women and that land largely belongs to men. The study concludes that lack of awareness creation on the new constitution has made widows face barriers in accessing and owning land with chiefs and the lands officer taking advantage of the widow’s ignorance of the laws and the fee requirements and ask for bribes. The study recommends that there is need for the government to conduct civic education to all community members especially regarding land ownership rights. This would ensure that those who know the law sensitize widows on their rights. The study also recommends that to ensure equal shareholding in any family property, unlike joint ownership or if the property is registered in the man’s name, registering the property in Common Tenancy should be encouraged and finally, women to be trained on economic empowerment and supported to start up income generating activities for self-reliance. Given the limitations and scope of this study, the researcher recommends a similar study to be extended to other communities (besides Luo) for comparative purpose.