In this regard, 15 widows who have been affected by this form of discrimination and 15 elders who the community uses to solve disputes were trained to become change agents in the community.
Women’s property rights in access, use and inheritance of land have come under sharp focus, especially with the promulgation of the Constitution of Kenya 2010. For instance, the right to own property by both men and women and protection of women from customs and traditions that discriminate against them are protected in the Constitution.
The Constitution also promotes progressive customary laws. Any customary law that is inconsistent with the constitution is not protected by law. For example, the Constitution recognizes customary marriages. However, the same Constitution will not recognize customary marriages for children below the age of 18 years.
Mr. Onyango Ondeng’, Kelin’s Programme Manager for Women, Land and Property Rights in Kisumu, explained that the training was critical in providing the linkage between court users committees and councils of elders. Through the court users committees, the elders will be able to refer cases to the Judiciary to expedite the process of legal redress such as issuing of title deeds.
Retired Justice Violet Mavisi, who was one of the facilitators, explained that HIV has brought a new dimension to property ownership: many widows are rendered landless yet land laws protect them against this discrimination. “Bride price does not mean that women are property,” emphasized Rtd Justice Mavisi.
The three day training was especially useful in promoting the use of mediation and other alternative dispute resolution mechanisms to resolve conflicts, instead of prioritizing the courts which can result in adversarial relationships, besides taking long to make decisions. “This training will help strengthen the capacities of elders on alternative dispute resolution in accordance with the Constitution in Article 159 (3),” remarked Edgar Makona, Kelin’s Monitoring and Evaluation Officer.
Resident Judge David Majanja attended the training, and assured the participants that the Judiciary Transformation Framework 2012-2016 ensures equality to justice and promotes the use of alternative dispute resolution mechanisms.
KELIN has been working with the Luo Council of Elders to increase access to justice for widows, predominantly through mediation. This program has been implemented in Kisumu and Homa-Bay counties since 2009 and 2012, respectively. These widows are among the majority of Kenyans in the rural areas who are unable to access the formal justice system.
