NewsBrief October Issue 2016

Scaling the heights for women’s land rights

Inside

Editorial

3

Daughters too can inherit land

4

Yala Swamp community demonstrate to secure land rights

5

Climb of Hope: Siaya women plan to climb Mt. Kilimanjaro to stand up for their land rights

6

Women are no longer quiet on land issues, they are speaking out!

7

#Women 2 Kilimanjaro initiative

8

Kitui women issue Charter of demands at the peak of Ulonzo Hills

9

Monthly Updates

10

Fundraising Corner/Hot on The Press

11

This newsletter is produced as a joint effort between AAK and it’s partners. The series helps people understand the issues, constraints and opportunities that people living in poverty and exclusion face in challenging inequalities.

Copyright Articles, pictures from AAK News Brief may be adapted for use in materials that are development oriented, provided the materials are distributed free of charge and AAK and the Partners are credited.

Editorial Kenya launched the Sustainable Development Goals (SDGs) on 14th September 2016 with an appeal to all government agencies and development partners to work towards the realization of the goals. Goal 1 on ‘ending poverty and hunger’ remains outstanding for its centrality to the ActionAid Kenya mandate. Target 1.4 reiterates the need to ensure that by 2030, all men and women, in particular the poor and the vulnerable, have equal rights to economic resources, access to basic services, ownership and control over land and other forms of property, as well as inheritance and natural resources. As efforts towards the realization of the goals gain traction, women’s access to, use of and control over land and other productive resources remains elusive . As we build synergy of resources and ideas to transform the women’s land rights landscape, we must appreciate the important contribution of women to agricultural and rural economies. They continue to be the driving force behind subsistence farming and general food security in Kenya. Denial of land ownership to women is a denial of the wellbeing of the family and the economy as well. The statistics on women land ownership show a static change. It is estimated that only 1% of land title deeds are held by women alone while only 5-6% of land title deeds in Kenya are held by women jointly with men. This is despite the progressive and positive reforms in the legal framework governing land in Kenya. These grim statistics should worry any progressive thinking development worker. What must therefore jostle us into greater action are the stories of women like Adera who have been pushed to a status of vulnerability, deprivation and overall violation of human rights by large scale investors such as Dominion Farms Ltd who built a weir across Yala wetlands, resulting in manmade flooding of the adjacent pieces of land where Adera and other small scale farmers live. The constant flooding has consequently resulted in the diminishing of land available for farming and access to clean water. As the ‘manmade’ floods continue to wipe off their livelihoods, the community at Yala wetlands is forced to look for other menial jobs to fend for their families and pay for their children’s school fees. Despite the discouraging statistics of women land ownership and control, there is hope for the girl-child as the trend of denying women the security of land rights is slowly changing. Men are starting to transfer their land rights to the girl child in defiance of patriarchal land inheritance customary laws held for centuries. Women who have been victims of land rights denial are rising up to the fight by laying claim squarely at the door of duty bearers with impressive results. As both young and old arise to demand what is rightfully theirs, Joyce through her sentiments reminds us of what an empowering process can achieve. She says in her inspirational story, “my motivation to fight for my family’s land rights was aroused when I attended Sauti ya Wanawake forum. On sharing my sorrows, I was advised on the steps to take, enabling me to reclaim our family land and process title deeds for each of my siblings which I then deposited in a bank for safety.” Women are standing up to be counted as a constituency of rights holders. They are joining a bigger African movement fighting for women’s right to land, not with bare hands, but with a list of demands that both the national and county governments must lend an ear not only to listen, but to also take every possible effort towards actualizing the recommendations for the land rights of women in Kenya. I herein stand to be counted in the fight for women’s land rights, will you?

Ruth Angwa Masime Head of Policy and Campaigns

Daughters too, can inherit land

Bengala Nyachi seated with his family holding his will that indicates all his family members will be equal beneficiaries of his land regardless of gender By Getrude Lungahi Women’s access to land is critical. Land is not only a source of food, employment and income but is also key in advancing the socio-economic rights and wellbeing of women yet access, control and ownership of land largely remains the domain of male privilege, entrenching patriarchal structures of power and control over community resources, culture and tradition. Women’s access to, use of and control over land and other productive resources are essential to ensuring their right to equal treatment and a life of dignity. Systematic marginalization of women calls for an urgent effort to change the status quo. Challenging these prejudiced ideas is critical. According to the FIDA Report (2009), Kenyan Women are the main agricultural producers and food providers. Women constitute 80% of the agricultural labor and provide about 60% of farm derived income. Yet, only 56% of land in Kenya is registered jointly with Women and only 1% is registered by women alone. Regardless of Women being the driving force behind subsistence farming and food security, which play an integral role in the family’s wellbeing and the economy as a whole, they still cannot exercise their right over property land. The Constitution of Kenya stipulates equal right to own property, in Article 40. (1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property–– (a) of any description; and (b) in any part of Kenya yet, majority of Women still cannot access, own or use land. Examples of inequality and disempowerment are numerous, and difficult to measure. In many Kenyan communities, custom dictates land rights for example, a widowed woman gives up any claim to land and property, sometimes resulting in evictions from the only home she has known for years. Nevertheless there is hope for the girl-child as the trend is slowly changing. Men have started transferring their land rights to the girl child to defy patriarchal land inheritance laws held for centuries. Mr. Bengala Nyachi, likely to be in his late 70’s has already prepared a documentation that resembles a will indicating a list of beneficiaries to his property. Mr. Nyachi who resides at Mwakirunge village in the North Coast has written names and identification numbers of his son and three daughters including their mother, as he awaits the Government to officially subdivide land to local residents once public allocations are declared communal. For Mr. Nyachi, all his children are equal and have a right to inherit his land – the only property he owns. ‘‘What I own is not only property of Bengala Nyachi but for the whole family. I will push hard until everyone gets equal share. We have learnt a lot on human rights including land rights and ownership, from ActionAid Kenya and Sauti Ya Wananawake. I have now become aware that my daughters can be married off but when the going gets tough they can seek refuge at home. Although there has been some resistance from elders, men are slowly changing the ideology of daughters inheriting land. I recall my great friend before he died had shared the land to all his children. I am not the only one doing this, “ says Mr. Nyachi. “I am the happiest woman in the whole world, just waiting to get my real share after sub-division by Lands Ministry,” says Ms. Mariamu Nyachi, his second born daughter.

Yala Swamp community demonstrate to secure land rights

Members of the Yala swamp community during their peaceful mini Kilimanjaro procession to demonstrate against human rights violations by large scale investors

By Samson Michura

Yala Swamp is the third-largest wetland ecosystem in Kenya covering over 200 square km in Siaya County, Western Kenya. Dominion Farms Ltd, a multi-million company moved into the Yala swamp basin in 2003 through an arrangement with the Lake Basin Development Authority (LBDA). The initial proposal was that Dominion Farms would engage in rice production in the part of the swamp known as Area I, covering about 2,300 ha. This land portion had been reclaimed before 1970 and previously used by the Lake Basin Development Authority (LBDA) for agricultural activity to mainly produce cereals, pulses and horticultural crops. An Environmental Impact Assessment (EIA) was commissioned for large-scale rice production for which a license was issued in 2004 specifically for rice irrigation. But later Dominion Farms Ltd embarked on additional large scale agricultural and development activities in the swamp. They built a weir that blocked water from river Yala in order to channel water to their rice farms. As a result, the water floods farms destroying crops and causing a lot of suffering to the communities living along the Yala Swamp. On 4th August 2016, community members comprising of 173 women and 77 men from Yala Swamp held a peaceful procession to climb the Usenge Hills in an effort to fight for their land rights by taking part in the ongoing Kilimanjaro initiative that seeks to mobilize women from all corners of the country to demand for their rights to own, access and use land. Men and women both young and old braved the chilly morning in their show of solidarity to demonstrate against activities by large scale investors that violate human rights. Three women drawn from Usonga, Yimbo and Alego Wards presented their Charter of demands to the Governor of Siaya County, His Excellency Cornell Rasanga. During the meeting, Ms. Gladys Oking who hails from Aduwa in Yimbo explained to the governor how her land is flooded as a result of the weir put up by Dominion Farms in river Yala. The proclamations also included a demand to the County Government to ensure implementation of the recommendations from the task force report on Yala Swamp and Dominion Farms which included re-negotiations of the Memorandum of Understanding (MOU) while ensuring community participation, lowering of the weir to stop flooding in the upstream of the weir and opening up of the public access road that Dominion Farms had blocked from the public. The governor showed great interest in having these demands implemented and assured the women of his total support for the initiative. Additionally issues of women disinheritance will be highlighted to curb the high rate of occurrence of women being thrown out of their matrimonial homes in the County.

Climb of Hope: Siaya women plan to climb Mt. Kilimanjaro to stand up for their land rights By Pauline Atieno An interview with 50 year old Mary Adera Litewo from Aduwa village, a small village within the environs of Yala wetland on the southern part of Siaya County, Kenya reveals the struggles women face as they strive to access, own and use land and their hope of finding solutions at Mt. Kilimanjaro where the charter they have jointly developed with other rural women from 22 counties will receive required attention and action for proper implementation of the demands in the charter. Tell me about your family? I am a widow with four children, Keziah and Rose aged 17 and 14 years respectively and two sons who are above 18 years old. I rely on farming to educate and feed my children while my sons depend on menial jobs for their livelihoods. Tell me about your land? What does it mean to you? Twenty years ago I used to have five acres of land but due to flooding caused by river Yala, it has reduced to one acre which I use for farming. The land that borders Yala wetland and is very fertile. My late husband’s family has lived in it for more than 70 years. I grow maize, millet and vegetables. However, an investor-Dominion Farms built a weir across it that alters the river flow which in turn floods our farms. The land is very important to me because I earn a living out of it. It produces a lot of vegetables for consumption and I sometimes get income out of the sales. What challenges do you face with your land? The piece of land is now too small and it might not be enough for my children to inherit. I fear that the flooding might get worse if the investor is not stopped. Life used to be enjoyable until the investor came. He has caused us a lot of suffering because of floods; we cannot till our lands, access clean water or grow crops .We do not get enough harvest as we used to get in the last ten years. Very often when the farm floods all vegetables are destroyed. I am sometimes forced to look for other menial jobs around the village to fend for my family and take my children to school. Has anyone tried to take your land? Yes. I have land boundary complications with my brothers-in-law. This started immediately after the death of my husband. I feel very sad because if I die, my children will not get any inheritance from their father. Also, the investor has already taken most of our land by submerging it in water which makes it inaccessible. What is your motivation for climbing Mount Kilimanjaro? I am looking forward to climbing Mt. Kilimanjaro because I believe after the climb our problems of access, use and owning land will be solved. I will also be able to tell my fellow women about my experiences on the mountain. I have never climbed any mountain, I am happy to climb Mt. Kilimanjaro. We used to sing about Mt Kilimanjaro in school like this: ”…which mountain is bigger than the rest….answer -Kilimanjaro!” I will tell my children that I will go to Kilimanjaro and I think they will understand. If you could get your country’s leader or world leaders to do one thing to help your community what would it be? I would want my Governor to tell the investor to vacate our land so that we can continue farming as we used to. The investor should also be forced to drain all the water that has flooded our land. It is my land, it is our land and I don’t want anything else. I want to have a better life so that I can educate my children to also have a better life in future.

Women are no longer quiet on land issues, they are speaking out! By Samuel Nzioka

Meet 29 year old Joyce Dama a resident of Mombasa County, a firstborn in the family of eight who lives on the land she fought too hard to reclaim from her uncles. Ms. Dama endured pain, suffering and resistance from her uncles until she secured her father’s land. “I have gone through the worst experiences in life. Even access to education was a tug of war. My father had to explain to his brothers why he had to take a girl to school where a fight ensued and my father broke his foot in the process. This didn’t stop him from sending me to pursue secondary education. I am the only girl in my clan who has studied to the university level. Despite the struggles, I scored a grade of B- and was admitted to Moi University but unfortunately my father passed away in 2009 marking the end of my education. My life changed completely and I used to spend most of my time crying and worrying as my uncles wanted to throw us out of our father’s land. My motivation to fight for my family’s land rights was inspired when I attended Sauti ya Wanawake forum. On sharing my sorrows, I was advised on the steps to take enabling me to reclaim our family land and process titles for each of my siblings then depositing them in a bank for safety. ActionAid Kenya in partnership with Sauti Ya Wanawake trained me among other women on how to utilize our land for improved livelihoods. The skills gained have enabled me to provide for the daily needs of my family and education for my brothers and sisters through proceeds from fish farming and poultry keeping project. My motivation to climb Mt. Kilimanjaro is to seek justice with regards to women’s access to land and increased women inclusion in decision making at local, county and national level. I would also like to see young women participating in the campaigns as this will motivate and give them a voice. Each of my siblings has access to a ¾ of an acre piece of land. My land means everything to me since it is where I get my livelihood. I have planted vegetables, built housing for my poultry and practice fish farming. I have faced a lot of resistance from my uncles, elders and some few community members who believe I am very vocal in fighting for women rights in a community where women are despised. The worst thing that has happened to Mwakirunge residents is failure by the government to involve the residents in scheme demarcation processes which has caused a lot of mix-up’s and struggles. Many people have refused to move out from their land as they have invested dearly yet, forceful evictions may fuel conflicts. The positive thing about Mwakirunge settlement scheme is that through community engagements and sensitization forums, the residents have understood their rights to land and are engaging in alternative livelihood activities like fish farming and poultry keeping. They also have understood the value of land and are no longer selling their land.

A social accountability training organized by ActionAid Kenya in partnership with Ujeri Uhimike Community Based Organisation (CBO) held in Arusha, Tanzania has been a reference point for women advocating for land rights in Mombasa County. Leyla Samir Sudi, a mother of three had always felt sad when she saw how women struggled to fight for their land rights. Her interest to learn more about land stirred her to join Sauti ya Wanawake, Kibunga Chapter. Being a victim of land tussles, Leyla heard about Ujeri Uhimike CBO who could help her handle her land issues and joined them to fight for her land rights. “When I joined Ujeri Uhimike CBO, my greatest interest was to know how to attain justice for women’s access to land since I was a victim and no one seemed to bother to protect me. I explained my issues and luckily, I was chosen among other women to participate in the social accountability workshop in Arusha (Tanzania) and this gave me an opportunity to share struggles women go through in their journey to access justice. This training was an eye opener and added value to my life because we were trained on how we can follow up on land issues and why it is important to have the right documents to justify ownership” says Ms. Leyla Samir Sudi. Soon after the training, Leyla helped her widowed mother to follow up and reclaim her land from an aunt who wanted to grab her share. She also had issues with her father in law who wanted to sell their inheritance to a potential investor. She challenged him to produce a title deed, an action that put off the investor. Her action was taken as dishonor to her father in-law but she received support from her husband who followed up and had their land surveyed. She has also shared her knowledge with her neighbors who have also processed titles for their land. ‘‘In Giriama culture, women do not have the right to own land but I have stood out to fight. I have also used Alternative Dispute Resolutions (ADR) skills gained through Action Aid Kenya capacity development trainings to solve land differences between my neighbors and also family members. I have also helped 19 women to come together to form Thakwa Sisters Self Help Group which is now engaging the women in more constructive and productive activities. Working with ActionAid Kenya, we have started a poultry keeping project as a way of diversifying income generating activities so that they can contribute to household incomes.

I am proud that ActionAid Kenya in partnership with Ujeri Uhimike CBO has empowered me through various trainings and the knowledge I gained has enabled me to claim my rights to land and help other community members. I am actively taking part in the Kilimanjaro campaign caravan and it is my hope that as women from across the region climb the mountain in solidarity, the struggle will influence the concerned governments to take action and support women in accessing their rights to land’’ says Ms. Sudi.

#Women 2 Kilimanjaro initiative By Philip Kilonzo The Kilimanjaro Initiative is a rural women’s mobilisation from across Africa towards an iconic moment at the foot of Mt Kilimanjaro in October 2016. With access to and control over land and natural resources as an entry point, four regional caravans are expected to depart simultaneously from the North, South, East and West, culminating in a mass African rural women’s assembly and a symbolic ascent by a delegation of women. The women plan to proclaim a charter of principles and demands specifically on women’s access to and control over their land. The year 2016 coincides with the end of the Millennium Development Goals (MDGs), marking the first year of the Sustainable Development Goals (SDGs), and the need to ensure continued support for women’s equal access to and control over land. With 2016 declared by the 26th African Union Summit as “Africa Year of Human Rights with particular focus on the Rights of Women”, coupled with the transition from MDGs into SDGs, our focus on rural women’s right to land and natural resources towards a food and nutritional secure continent could have never been more timely. What ActionAid Kenya Seeks to achieve: Through Kilimanjaro, AAK seeks to build stronger movements of women on land and natural resources influencing policy and practice in favour of women at all levels. In specifics, AAK aims to see the following results: 

Women land and natural resource movements strengthened matters



Solid agenda on women land and natural resources rights formatted at County and National level



Women Land and natural Resources Agenda informs policy and Practice at County and National level



Women land and natural resource rights agenda informs the formulation of Africa Charter on women and Land

County and National level to advocate on these

What has been the process and what is the developing story? In order to actualize this campaign on land, AAK has been guided by the 6 policy steps framework and the broad aspiration to ensure the campaign is truly women led. This has necessitated the following steps of actions:  Extensive literature review on women land rights agenda and sharing the analysis with women increasing their understanding of policy and legal hooks relevant to advancement of women land rights  Creating extensive awareness creation on land laws and policies to women in Isiolo, Kilifi, Taita Taveta, Kajiado,Baringo,Mombasa and Siaya served to increase the resolve among women to pursue their land agenda  Convening 1st National Rural Women meeting on land and natural resources agenda that involved women drawn from 44 women drawn from 22 counties who identified the need to develop a comprehensive charter of demands. These Counties are Lamu, Kilifi, Tana River, Mombasa, Taita Taveta, Kitui, Meru, Embu, Kajiado, Nairobi, Nakuru, Laikipia, Baringo, Kiambu, Muranga, Kakamega, Siaya, Homabay, West Pokot, Kisumu, Makueni and Migori; in partnership with others  Rural women involved in the first convening undertook extensive consultations involving 43,868 rural women and identified their priorities on land. This action among others served to strengthen rural women mobilization at the county level.  Social action oriented research approach to the development of the charter where views of women were sought in 8 counties (10 random samples, 3 focus group discussions for women, 2 focus group discussions for men and 5 key informants in each county. And data analysed from the responses to discern trends relevant to women land rights agenda  2nd national convening for rural women was undertaken with 50 women from 24 counties finalizing this charter  Mini-Kilimanjaros supported by women in Mombasa, Kitui and Siaya culminating in increased linkages between women and duty bearers and growing political mobilization on women land agenda  Judicious borrowing on both issues and demands from localized/ county level charter of demands developed by women during mini-kilimanjaro events for sustained national engagements What are the next actions? 

Multi-country caravan through Kenya bearing strategic messages for additional mobilizations and publicity of the women land. This caravan enters Kenya through Busia on October 10 th and exits on October 13th through Namanga border



Strategic dialogues with key decision makers: These dialogues are planned for October 4 – 5th with Minster for Lands; Commissioners of National land Commission and Minister for Gender



Launch of Rural Women Charter on Land: This action is planned for October 14 – 16th



Kilimanjaro Assent: Actions on this span from October 7th – 16th



Post- Kilimanjaro dialogue: a series of actions will be developed to move this campaign to the next level including national conference on rural women and land; influencing adoption of women aspiration in party manifestos, engagements with ministry of lands and EALA and AU.

Kitui women issue Charter of demands at the peak of Ulonzo Hills

By Ndanu Online For four hours, Kitui women, both old and young, backed by a few men, braved the scorching sun as they scaled to the top of Ulonzo hills, the highest mountain in the county to compel authorities to give them equal land ownership rights with men. Ms. Gladys Mwathi Willie is one among hundreds of Mui and Ngaaie residents who turned up to traverse the toughest terrain of the highest hill in Kitui County to declare her demands to the county government on land rights. Ms. Gladys and her children are on the verge of being rendered homeless after her land, owned by her husband was surveyed and cheaply sold to a resident mining company without her knowledge. Her story is shared by thousands of other women in the areas earmarked as rich in natural resources. They are crying foul after years of suffering and alienation from the mining narrative. Their story clearly paints the ugly picture of how the expansive mineral deposits discovered in Kitui County have brought so much tears, pain and suffering to its people more than ever before. The fate that befell Ms. Gladys reads all over her face. Although it’s painful for a 40 year old to ascend on a stiff rugged terrain on the hills, every strenuous step up the mountain rejuvenates her spirit and strength to fight. On July 22 the women of Ngaaie and Mui basin took upon themselves to declare their demands to the county duty bearers and gave an ultimatum to the county government. In a Charter of demands read out by their representative at the top of Ulonzo Hills, the women highlighted their plight in the mining miasma, and called upon the county government to attend to their collective demands well broken-down in the charter document. The women have called upon the government to enforce the law that gives them the right to own and inherit property as stipulated the constitution, insisting that their voice in decision making must be sought in matters that touch on land. They argued that women bear a disproportionate burden of the costs of mining thus effective mechanisms before, during and after mining must be renegotiated. The women called for a restitution to correct historical wrongs that affect their environmental, social and cultural rights on land, people and nature. The women have joined a bigger African movement fighting for women rights to land, who will join a grand, ascend of Mt. Kilimanjaro in October 13th 2016 to declare yet another charter on African women rights to land. The women are working with ActionAid Kenya, Center for Human Rights and Civic Education and Women Association of Kitui to lobby the county and national government to address the fate of the women in natural resource rich areas. Ideally minerals are meant to bring wealth and sustainable livelihoods for the habitants but discovery of minerals in regions of Ngaaie, Mui and Kanziko has surprisingly continued to pronounce doom on the people and the most affected are women and children.

Monthly Updates Kuria LRP Visit by the ActionAid Kenya Executive Director Following a field visit to Migori County, ActionAid Kenya Executive Director, Bijay Kumar paid a visit to Martha Robi and her family who are survivors of Gender Based Violence in Kuria.

AAK Executive Director Bijay Kumar with Martha and her family outside their home

13 year old Martha has bravely overcome the trauma she went through. Martha and her family now have a home and she has happily resumed school after receiving support from Gokeharaka, Central and South (GOCESO) Women’s Network in partnership with ActionAid Kenya.

ActionAid Kenya ED meets Activistas and Kuria Social Audit Network Activistas and the Kuria Social Audit Network engaged with ActionAid Kenya Executive Director, Bijay Kumar and other ActionAid staff to share their struggles for tax justice. They mobilized actions by citizens to work with the Kuria County Government for the delivery of promised demands. Members of Activista, Kuria Social Network and AAK staff in Kuria Kenya

This has resulted in the County Government providing security lights at the market, Boda Boda (motor bike) shade and water for the Sub-County Hospital.

Partner Support Unit (PSU) Planning Meetings Khwisero PSU held a planning meeting with its partners Nyarongi Women Network, Ndhiwa Social Accountability Network, Amoyo Disability Group and GOCESO/UJAMAA to draw strategies for implementation in the year 2017. The planning meeting provided a learning experience among ActionAid staff who listened to the partners’ project implementation experiences, including successes and challenges faced. ActionAid Kenya Executive Director Bijay Kumar was among the ActionAid staff who participated in the planning meeting.

Planning meeting with partners at Makima PSU

Similar planning processes were held in Makima PSU with partners. The PSU works with 16 partners from Embu, Garissa, Kajiado and Makueni counties. Key actions and activities for 2017 were agreed by the partners.

Second Convening of rural women Rural women from 22 Counties convened in Nairobi to finalize and sign off the land rights charter they were developing from 17th to 20th August 2016. The meeting included a media round table where women presented the challenges they are facing to social media influencers to help raise awareness on the need to champion women’s land rights in Kenya.

Women during one of the interactive sessions in the second convening

The women in partnership with ActionAid and eight other convening partners will launch their charter on 13th of October 2016 in Nairobi and present it to the Land CS Professor Joseph Kaimenyi and other County representatives who are expected to be in attendance.

FundRaising Corner Joint Anti -FGM appeal continues

ON THE PRESS

http:// www.mediamaxnetwork.co.ke/ news/249938/hotline-to-reportsexual-abuse-cases-launched/

http://kenya.shafaqna.com/EN/KE/122312

Classic FM, Ghetto Radio, Radio Maisha ,KISS FM,PAMOJA radio,

coverage of access to Justice

ActionAid_Kenya

ActionAid Kenya

www.actionaid.org/

ActionAid International Kenya , All Africa Conference of Churches (AACC) P.O. Box 42814-00100 Nairobi, Kenya Tel: +254 (020) 425 0500 Email: [email protected] Website: www.actionaid.org/kenya