A widow, Damaris, in Homabay County is set to rebuild her life after a court sitting in Ndhiwa cancelled a title obtained fraudulently by her brother-in-law on the 14th day of May 2024. The widow’s brother-in-law had previously conducted succession of her deceased’s husband estate without involving her and changed the matrimonial land title from the widow’s deceased husband’s name to his own name effectively disinheriting her. The brother-in-law’s argument for doing this was that the widow was not entitled to inherit his brother’s land because she is a woman and only men ought to own land.
KELIN, under the Women’s Land and Property Rights (WLPR) thematic focus area works on dismantling discriminatory practices and laws against women in relation to their rights to access and own land. Upon receipt from a community partner trained by KELIN on promoting equitable rights, we assigned the above case to a lawyer in 2021 to represent the widow to reclaim her land. Though it has taken approximately 3 years to get a decision on the matter, justice is finally here as the court upheld the widow’s right to land!
KELIN welcomes the Court’s decision on the matter and continues to promote and protect women’s land and property rights. Through multifaceted interventions that advance a gender lens and rights-based approach, we continue to train communities as well as the judiciary on equitable norms to protect vulnerable groups. We believe that by creating more awareness on the rights of women to land, and promoting access to justice for vulnerable women, we can positively influence unjust laws of the land and entrenched patriarchal culture. Ultimately though, it is the real difference in the lives of the women we represent and support that is our greatest motivator.
“Asante KELIN! Damaris said as she went home after receiving the judgement.
Following the favorable judgment, KELIN will facilitate the succession process for Damaris to secure documentation to her late husband’s land.
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#WLPRights #AccesstoJustice
Twitter: @KELINKenya @SYFFKenya
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http://www.facebook.com/kelinkenya https://www.facebook.com/SYFFKenya/
For more information, please contact.
Kenneth Otieno A
Program Officer, Women Land & Property Rights
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Nyalenda Railways Estate, Block 9/220
Off Nairobi Road, Opposite YMCA
P.O. Box 7708| 40100 Kisumu – Kenya
Email: kotieno@kelinkenya.org
