In November 2007, Kenya put its newly re-drafted constitution to a referandum. The referandum was lost! Many political analysts pointed out that one of the reasons why the NO vote carried the day was that many Kenyans were convinced that the proposed new constitution wanted to give women the right to own property, especially land. Many people who initially were in support of the new constitution turned around and opposed it, after listening to demagogues who went around saying why the draft constitution was bad - it wanted women, especially married women, to have the right to inherit land from their husbands as well as fathers!
In Kenya we are now thinking of bringing back the draft constitution for a second round of voting. We are also working on a new land policy. The draft land policy recognises women's right to property, especially land. The forces that brought forward the backward position that women cannot and should not own land are engaging high gears. They want to kill two birds with one stone: kill both the constitutional proposals that will enntrench women's property rights in the constitution and also kill the draft land policy that recognises women's rights to land. We shall need the support of all progressive forces to help firmly put Kenyan women's rights in these key documents. Are you willing to join this struggle?
Why the process may not benefit the women unless very strategic engagement is done;Throughout the colonial period, women in Kenya experienced considerable social, political and economic inequalities relative to men . The colonial state for example neglected the women’s education and training; while they favoured males in the provision of paid labour thus resulting into women’s under representation in paid labour. In light of the above inequalities, the post colonial government soon after independence (1963) adopted an ideology of African Socialism that was committed to bringing about equality amongst women and men in terms of equal participation in development and equal share of its rewards and opportunities . However these have not been achieved and it is here that customary land tenure was preserved, albeit with significant variations in terms of authority and decision-making process. the new constitutional dispensation could have provided a new paradigm shift but are we ready? do the women organizations have the mantra?
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Programme Associate
Resource Conflict Institute
+254 51 22 11 046
