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On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya

Full citation: Henrysson, E. and Joireman, S. (2009). “On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya.” Law Society Review 43(1), 39-60. - This study used interviews and focus groups to explore property disputes and perceptions of formal and customary systems of dispute resolution. The initial interviews were structured and conducted with various groups and individuals.

In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have run up against alternative processes for the adjudication of disputes. This research demonstrates that customary processes may also carry a monetary cost that puts them beyond the means of many citizens. This article compares the costs and processes of the formal and informal methods of property rights adjudication for women in the Kisii region of Kenya. The research results suggest that women have weak property rights overall, they have limited access to formal dispute resolution systems because of costs involved, and even the informal systems of conflict resolution are beyond the means of many citizens.

Attempts to maintain use rights over their land when widowed or divorced are not taken to the land tribunals because of the expense involved. Pursuing the resolution of disputes through the customary system is also prohibitively expensive. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Kenya
Creator:
Henrysson, E. and Joireman, S.
Year:
2009

Human Rights, Formalisation and Women's Land Rights in Southern and Eastern Africa

Full citation: Ikdahl, I et al., "Human Rights, Formalisation and Women’s Land Rights in Southern and Eastern Africa", 57 STUDIES IN WOMEN'S LAW, (University of Oslo, Norway 2005).

Collection Type:
Articles
Country:
Multiple Countries, Zimbabwe, South Africa, Mozambique, Kenya, Tanzania
Creator:
Ikdahl, I., Hellum, A., Kaarhus, R., Benjaminsen, T.A., and Kameri-Mbote, P.
Year:
2005

Legal Empowerment in Practice: Using Legal Tools to Secure Land Rights in Africa

Full citation: Cotula, L. and Mathieu, P., "Legal Empowerment in Practice: Using Legal Tools to Secure Land Rights in Africa," IIED & FAO REPORT (May 2008).

Collection Type:
Articles
Country:
Multiple Countries, Mali, Senegal, Sierra Leone, Cameroon, Democratic Republic of the Congo, Zimbabwe, South Africa, Mozambique, Tanzania, Uganda
Creator:
Cotula, L. and Mathieu, P.
Year:
2008

Women's Property and Inheritance Rights: Improving Lives in a Changing Time

Full citation: Steinzor, N., "Women's Property and Inheritance Rights: Improving Lives in a Changing Time" FINAL SYNTHESIS AND CONFERENCE PROCEEDINGS PAPER (USAID and WIDtech 2003).

Collection Type:
Articles
Country:
Multiple Countries, Sri Lanka, Nepal, Cambodia, Bangladesh, Namibia, Malawi, Kenya, Tanzania
Creator:
Steinzor, N.
Year:
2003

Arguing Traditions: Denying Kenya’s Women Access to Land Rights

Full citation: Harrington, A. and Chopra, T., "Arguing Traditions: Denying Kenya’s Women Access to Land Rights ," 2 JUSTICE FOR THE POOR RESEARCH REPORT (The World Bank, June 2010).

Collection Type:
Articles
Country:
Kenya
Creator:
Chopra, T. and Harrington, A.
Year:
2010

Women’s Access to Land in Kenya

Full citation: Harrington, A., "Women's Access to Land in Kenya," 4(1) JUSTICE FOR THE POOR BRIEFING NOTE (The World Bank, January 2010).

Collection Type:
Articles
Country:
Kenya
Creator:
Harrington, A.
Year:
2010

Gender, Property Rights and Livelihoods in the Era of AIDS

Full citation: Carpano, F., Izumi, K. and Mathieson, K., "Gender, Property Rights and Livelihoods in the Era of AIDS," FAO TECHNICAL CONSULTATION PROCEEDINGS REPORT (November 2007).

Collection Type:
Articles
Country:
Multiple Countries, Mozambique, Kenya, Uganda
Creator:
Carpano, F., Izumi, K. and Mathieson, K.
Year:
2007