Shadrack Kavilu and Justus Wanzala -
When the Kenyan government announced five years ago that coal deposits had been found in the Mui Basin, a land of rolling hills and pristine forests east of Nairobi, local farmers hoped the discovery would help transform their livelihoods.
But as villagers prepare to leave their loamy, fertile soils to make way for the multi-
million dollar mine and power station development, many households fear they will miss out on compensation because women do not have titles to their land.
Traditionally, Kenyan society is patriarchal and ownership and decisions on land management or disposal are made by men.
The villagers’ situation reflects the predicament of thousands of women throughout Kenya who head their households but are not named on land ownership documents.
Around 30,000 households will be affected by the proposed coal mines in the Mui basin, said Alex Nganga, leader in the local county assembly.
There are no definitive figures for how many local families are headed by women, but it is known that there are many.
“We were anticipating that women would be listed in title deeds as co-owners or joint owners of land,” said Kasyoka Malonza, a Mutito community representative in the Mui Basin.
“It’s unfortunate that we have not been recognised despite all our efforts,” she said.
A NATIONAL PROBLEM
According to the Federation of Women Lawyers (FIDA), Kenya now has a raft of progressive laws aimed at ensuring gender equality but customary laws continue to limit women’s rights to land and property.
The Land Registration Act, introduced in 2012, includes provisions for joint tenancy and gives wives a legal right to land that is held in the other spouse’s name where the woman has contributed either in financial terms or through her labour.
FIDA estimates that only five per cent of all land title deeds are held jointly by women with men and only one per cent of land titles in Kenya are held by women alone.
This is despite figures that show that around 32 per cent of households are headed by women and that they are responsible for nearly 90 per cent of the farming work.
A report on gender issues and the effect of coal mining in the Mui Basin prepared last year with Canadian government support also highlighted the need to ensure fair compensation for land women who live in polygamous households.
WOMEN FIGHT BACK
Christine Kalikanda of the advocacy group Centre for Human Rights and Civic Education (CHRCE) said the group was working in the Mui Basin as well as many other areas of Kenya to teach women how to ask for their property rights.
“We mobilise communities to voice issues collectively,” she said, adding that CHRCE has also developed guidelines to help villagers negotiate fair, market value compensation.
According to local residents however, there has been very little interaction between the mining companies and local communities.
Activists say that the government itself has not been forthcoming either and communities still have no idea where markets and water points are to be re-located.
Simon Mutui of the campaign group Kenya NGO Council said widows and single parents are particularly worried as they have no legal claim to their land at all.
“Children born out of wedlock stay with their maternal extended families but have no claim to land as their mothers lack inheritance rights, they have no claim to compensation,” he said.
For Mutito community representative, Malonza, the answer lies with the Kenyan government: “It should guarantee women’s rights both for ownership and the equitable division of assets,” she said. “We want to see that even women in polygamous families get an equal share.” — Thomson Reuters Foundation
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