Impediments To Full Realization of Women’s Right to Property I Kakamega District, Kenya.

ABSTRACT The study examined the impediments to full realization of women’s rights to property in Kenya using Shinyalu Constituency, Kakamega District as a Case Study. The study investigated the various forms of property ownership in Kakamega District, the impediments to full realization of women’s right to property ownership in Kakamega District, and the effectiveness of the measures the Government of Kenya has put in place to mitigate the impediments to full realization of women’s right to property ownership in Kakamega District. The study targeted 480 respondents out of the six divisions of Shinyalu Constituency, Kakamega District, who were studied using a Researcher Generated Structured Questionnaire, Interview Schedule, and Documentary Review. The study made three important discoveries. First, there are three major forms of property ownership in Kakamega District which include customary/communal property ownership, freehold property ownership, and co-ownership of property. Second, the study also revealed that the various impediments to full realization of women’s property ownership in Kakamega District include poverty, illiteracy, biased cultural attitudes and customary laws, harmful cultural practices, corruption, poor governance, discriminatory property laws, limited implementation, lack of awareness, ineffective courts, and poor representation of women. Third, the study further revealed that the measures put in place by the Government of Kenya to mitigate the impediments to full realization of women’s right to property ownership are ineffective. To overcome the cited impediments, the researcher recommends that both the Government of Kenya and other stakeholders should institute legal, institutional and programmatic reforms; domesticate and implement the international human rights treaties; provide budgetary and other resources necessary for effective implementation of laws and policies; set up accessible, affordable and impartial courts especially in the rural areas; develop tools for inheritance rights and empower women through legal and other literacy programmes.

 TABLE OF CONTENTS

Declaration A ii

Declaration B iii

Approval sheet iv

Dedication v

Acknowledgement vi

Abstract vii

Chapter Page

One THE PROBLEM AND ITS SCOPE 1

Background of the Study 1

Statement of the Problem 11

Purpose of the Study 11

Research Objectives 11

Research Questions 12

Hypotheses 12

Scope 12

Significance of the Study 13

Operational Definitions of Key Terms 14

Two REVIEW OF RELATED LITERATURE 16

Introduction 16

Contextualizing Women’s Property Rights 16

Forms of property ownership 17

Impediments to full realization of women’s right to

Property 24

Measures that governments put in place to mitigate the

impediments to full realization of women’s right to property

ownership 47

VIII

Three METHODOLOGY 54

Introduction 54

Research Design 54

Research Population 54

Study Area 55

Sampling Framework 55

Sample technique 55

Sample Size 56

Research Instrument 56

Validity and Reliability of the Instrument 58

Data Gathering Procedures 59

Data Analysis 61

Ethical Considerations 61

Limitations of the Study 61

Four PRESENTATION, ANALYSIS AND INTERPRETATION

OF DATA 63

Introduction 63

Variance in the targeted and actual responses 63

Demographics 64

Research findings in relation to the research objectives and

Questions 70

The various forms of property ownership in Shinyalu constituency7o

Mode of property acquisition by respondents 72

Impediments to full realization of women’s right to property

Ownership 73

Measures put in place by the government to mitigate the

impediments to full realization of women’s right to property

ownership in Kakamega District, Western Province 90

Five FINDINGS, CONCLUSIONS, RECOMMENDATIONS 94

Findings 94

Conclusions 102

Recommendations 103

References 113

Appendices 121

Appendix I - Transmittal Letter 121

Appendix II - Research Instrument 122

Researchers Curriculum Vitae 131