Our chama wants to buy land, guide us on the legal process
Women working on a farm. The Constitution, without explicitly stating, has provided a basis for the promotion of gender equality and non-discrimination principles that inherently support women's rights to land.
What you need to know:
- Over the years, there have been efforts to address historical injustices and discriminatory practices that marginalised women.
- Provisions within the Constitution ensure that customary or religious laws that contradict its principles are deemed void.
Dear Vivian,
I am in an all-women chama that focuses on economic empowerment. We purchase land on behalf of our members. What are the land rights that we should be aware of and how do we navigate the purchase process?
Nancy Naiserian,
Isinya.
Dear Nancy,
The landscape of women's land rights in Kenya has undergone significant transformation, particularly in the wake of constitutional reforms. Over the years, there have been efforts to address historical injustices and discriminatory practices that marginalised women face in matters land ownership and inheritance. These efforts have culminated in notable changes in the legal framework and policy landscape.
One striking change is that the Constitution, without explicitly stating, has provided a basis for the promotion of gender equality and non-discrimination principles that inherently support women's rights to land. Provisions within the Constitution ensure that customary or religious laws that contradict its principles are deemed void, thus nullifying historical practices that marginalised women in matters of land ownership and inheritance.
Furthermore, Kenya's adherence to international treaties and conventions promoting gender equality has reinforced the commitment to safeguarding women's land rights. By ratifying international instruments such as Convention on the Elimination of All Forms of Discrimination against Women (Cedaw), Kenya has affirmed its obligation to eliminate discrimination against women in all spheres, including land ownership.
Scouting the land
Despite these advancements, challenges persist in translating legal protections into tangible improvements in women's land rights.
Land access and ownership is crucial to gain access to markets and better standards of living for women. Therefore, I commend your chama for venturing into this area. I recommend purchasing land when it is raining to avoid purchasing riparian land especially with the occasional flooding witnessed in Kenya. The group should also allocate individuals with roles like visiting and scouting the land, filling the forms, visiting the realtor’s office and delivering the payment. The members might also prefer to conduct the whole processes as a group for the sake of accountability and witnessing as things happen.
Acquiring a good property advocate is advisable. Ensure the advocate is in good standing with the Law Society of Kenya. The lawyer will assist in negotiating the property’s purchase price by engaging a land valuer to ensure fairness and market value. They will conduct due diligence on the property, including a site visit to identify potential disputes and acquiring information from adjoining landowners. Once due diligence is complete, a lawyer facilitates the contractual agreement, ensuring the terms are clear and protective for both parties. Finally, they will ensure completion by handling necessary consents and clearances and facilitating the registration process.
Vivian.
The writer is an Advocate of the High Court of Kenya and award-winning Civil Society lawyer. [email protected]
