Reality or a Pipe Dream: Securing women rights in community land registration in Kenya

Authors

  • Angela Nyanchama Nyamongo Resource Conflict Institute (RECONCILE)
  • Eileen Wakesho Mwagae Namati Kenya

DOI:

https://doi.org/10.48346/IMIST.PRSM/ajlp-gs.v5i2.31080

Keywords:

Affirmative action, Community Land, Equality and freedom from discrimination, Registration.

Abstract

The wave of formalization of indigenous and Community land rights has been witnessed across many African countries. This could partly be in response to the Africa Union declaration on land issues and challenges in Africa. Under the declaration, member states are urged to review their land sectors, with a view to develop comprehensive policies, which take into account peculiar needs. Additionally, a number of international frameworks such as the United Nation Declaration on the Rights of Indigenous Peoples (UNDRIP 2007) have seen issues around the need to secure indigenous people’s land rights feature more prominently.

Author Biographies

Angela Nyanchama Nyamongo, Resource Conflict Institute (RECONCILE)

Legal Research Expert on Land and Natural Resource

Eileen Wakesho Mwagae, Namati Kenya

Land and Natural Resource Practitioner

References

Giovarelli, R., and Scalise, E. (2019.) Women’s Land Tenure Framework for Analysis: Land Rights. Seattle, WA: Resource Equity.

Grant MJ, Booth A (June 2009). "A typology of reviews: an analysis of 14 review types and associated methodologies". Health Information & Libraries Journal.

Nyamu Musembi, C (2006) Breathing Life into Dead Theories about Property Rights: De Soto and Land Relations in Rural Africa, Institute of Development Studies, UK.

Ossome, L. (2014) Feminist Economics: Can the Law Secure Women's Rights to Land in Africa? Revisiting Tensions Between Culture and Land Commercialization, Feminist Economics, DOI: 10.1080/13545701.2013.876506

Republic of Kenya (2010) Constitution of Kenya

Republic of Kenya (2012) Land Act

Republic of Kenya (2016) Community Land Act. Government printers

Rugadya, M. (2020) Titling of Customary Tenure is not a fix for Women’s Land Right: a review of Evidence and Practice, Washington DC, USA.

Salcedo-La Vina, C and Giovarelli, R. (2019) On equal ground Promising Practices for Realizing Women’s Rights in Collectively Held Lands

The African Commission on Human and People’s Rights (ACHPR) (2012) Report of the African Commission Working Group on Indigenous

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Published

31-03-2022

How to Cite

Nyamongo, A. N., & Mwagae, E. W. (2022). Reality or a Pipe Dream: Securing women rights in community land registration in Kenya. African Journal on Land Policy and Geospatial Sciences, 5(2), 470–481. https://doi.org/10.48346/IMIST.PRSM/ajlp-gs.v5i2.31080

Issue

Vol. 5 No. 2: March 2022

Section

Youth, Gender, and Security of Land Tenure

License

The African Journal on Land Policy and Geospatial Sciences (AJLP&GS) is made available under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License https://creativecommons.org/licenses/by-nc-sa/4.0/. Authors with free access retain the copyright of their manuscripts. All open access manuscripts are published under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided that the original work is properly cited. The use of general descriptive names, trade names, trademarks, etc. in this publication, even if not specifically identified, does not imply that applicable laws and regulations do not protect these names. Even though the advice and information in this journal are true and accurate as of the date of its publication, neither the authors, the editor, nor the publisher can assume any legal responsibility for any errors or omissions.

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