Why should women own the land?

Women have massive indigenous understanding of local plant species which helps them to provide a wide variety of nutritious food for their families. Therefore, curbing malnutrition at a household level can only be achieved when women have full control and management of land and other natural resources attached to it. Studies show that women account for nearly half of the world’s smallholder farmers and produce 70% of Africa’s food. Yet, less than 20% of land in the world is owned by women and over 65% of land in Kenya is governed by customary laws that discriminate against women, limiting their land and property rights. Research shows that if women had the same access to productive resources as men, they would increase the yields of farms by 20%-30% and reduce hunger by up to 17%.

Regionally, the Africa Union, in its 2009 land declaration, recommends that its member states allocate at least 30% of land to women. Article 7 of the Maputo Protocol, the African Charter on human rights, grants both women and men rights to an equal share of joint property acquired during marriage in the case of separation, divorce, or annulment.

In Kenya, Article 40 of the constitution guarantees a right to property for all. The Land Act, revised in 2016, requires spousal consent to sell land. The 2013 matrimonial property act allows women to register alongside their husbands for property acquired during marriage. The 2016 Community Land Act states that boys and girls above 18 years have a right to vote on community land decisions.

Women Business Hub believes that giving women their constitutional rights to own land, and have control on the management of natural resources will save indigent families from hunger, malnutrition and effects of climate change.

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