Defending women’s right to land and property is a complex situation: Case of Kitui County- Unyaa Village In Kenya, as in many developing countries, a range of cultural, social, and political factors combined with lack of awareness regarding legal issues prevent women from enjoying their rights to land and property, often subjecting them to unjust and sometimes fraudulent practices. Ms Christina Mulewa who is now 76years got married in church, and was not blessed with children. After being in her marriage for over 10years, she could not hold on her marriage after the husband became violent and married another wife. Being not able to stick to her marriage, she returned to her maternal home. After being with her mother for over 15years, the mother gave her a parcel of land 0.12 hectares which had been set for her during the subdivision of the ancestral land among the brothers. Later in 1995, her mother passed on but before that, the mother had given her the number of the parcel of land and dedicated it to her. Through the assistance of the Catholic Church and well wishers from the area, she was supported and developed a permanent house next to the parcel of land she had been given by her mother. She could not settle in the parcel because it gets waterlogged during rainy season. However, it became impossible for Christina to settle due to insecurity and threats from his brother’s sons who claimed part of the parcel of land. In December 2009, she was attacked and raped and all her valuables taken away. Later she realized they were people closely related to his brother’s sons. She reported her case to police and after investigation, one of his brother’s sons was arrested and was arraigned in Kitui law courts after which he was put on probation. Due to insecurity she sought refuge from a friend who houses her to date. Christina was puzzled by the court decision, “I did not know where to go, because my brother had turned against me and his family, had no one to turn to other than well wishers” said Christina. After a long struggle to find justice she was referred to the Catholic Justice and Peace section under Catholic Diocese of Kitui, her concern was how to acquire title deed for the parcel of land. Christina was assisted to get death certificate of her late Mother and later filed a case of succession. The case went through the legal process and in early 2013 she was issued with title deed. However, as she was waiting for the title deed, some people known to her begun to remove the roofing materials from her house for sale, full of anger she hired some youths who demolished the 3 roomed permanent house and took the materials to where she is housed by the well wisher. “I am sure I will never settle in that land which my mother blessed it for me. I had better rescue what I can and if God gives me another piece of land i will have materials to develop another house.” Christina said. Later in May 2013, in partnership with the Catholic Justice and Peace officers, surveyor from land office and local administration jointly identified the boundary of the parcel as it was curved from the big land as shown in the land office map. Christina wishes to sell the parcel of land and buy another in a more secure place and settle. Her wish has turned out to be a nightmare since his brother and sons have declined the sale of the parcel for they claim a share of the same and consider the parcel as ancestral land which should not be sold. “I thank the officers from Catholic Diocese of Kitui, Parish Priest Muthale Parish and his family members who housed me and helped me acquire title deed, the process was long and costly, but we have managed. I hope at one time i will be able to sell the land and buy land elsewhere and settle since I can’t settle now due to insecurity.” Said Christina. Christina is now housed by a friend, though she has the title deed, she cannot settle in that land due to insecurity, the family members have declined to her consent of selling the piece of land and buying another one in a safe place. Who is ready to support women rights?
Posted on: Tue, 08 Oct 2013 08:48:20 +0000
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