Justice title deeds should serve as a safeguard, not a tool for dispossessions
In the East African nation of Kenya, the Constitution has emerged as a powerful tool in the fight for justice and equality, particularly for women and other vulnerable groups. The 2010 Kenyan Constitution, in recognition of the need for change, outlawed discrimination in property ownership and established the National Land Commission.
Since its adoption, organizations like the Federation of Women Lawyers (FIDA-Kenya), the Kenya Land Alliance, and the Women’s Land and Property Rights Network have been at the forefront, engaging in land and inheritance disputes. Through legal aid, advocacy for legal reforms, public education campaigns, and support for women in claiming and securing property ownership, these organizations have played a pivotal role in promoting women's land rights.
However, the implementation of the 2010 Constitution regarding land issues remains shaky. Title deeds, intended to provide proof of ownership and shield citizens against arbitrary eviction, have become a double-edged sword. Millions of title deeds have been issued since the Constitution's adoption, yet fraudulent allocations, double registrations, and political interference have created new conflicts.
In some cases, title deeds have facilitated dispossession rather than protection, particularly in rural and community lands. Widows and daughters continue to be denied inheritance despite explicit constitutional provisions, a stark reminder of the challenges that lie ahead.
The failure of institutions, including banks, regulators, and government agencies, contributes to these issues. Title deeds have become weapons of vulnerability, with banks auctioning off property worth billions of shillings annually. The same institutions meant to safeguard property rights in Kenya are turning land ownership into another path to dispossession.
Corruption in land registries, slow redress of historical injustices, and weak enforcement of women's rights continue to undermine progress. The government must address these issues with courage and honesty, cleaning up registries, prosecuting corruption, and settling historical injustices to ensure that land reforms are more than just empty promises.
Civil society has not been idle in this struggle. They have utilized the Constitution to challenge illegal evictions and defend community rights. Community-driven mediation and alternative dispute resolution mechanisms should be utilized to alleviate court backlogs and provide swift justice.
In the end, it is crucial that women and marginalized groups are made aware of and assert their rights. With education, empowerment, and determination, Kenya can move towards a future where all citizens enjoy the protection and benefits of the Constitution, and where land rights are no longer a source of vulnerability but a pathway to security and prosperity.
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