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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

Protecting Community Lands and Resources: Evidence from Liberia, Mozambique and Uganda

Namati and International Development Law Organization (IDLO) publication.

- The study’s objectives were to: facilitate the documentation and protection of customarily held community lands through legally established community land titling processes; understand how to best support communities to successfully protect their lands and determine the types and level of support required; and pilot strategies to guard against intra-community injustice and discrimination during community land titling processes and protect the interests of vulnerable groups. Cross-national analysis of the data illustrates that the by-laws/constitution-drafting process had a statistically significant impact on the substance of women’s and other vulnerable groups’ land rights. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Liberia, Mozambique, Uganda
Creator:
Multiple Contributing Authors
Year:
2012

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