ADVANCING WIDOW’S RIGHTS TO LAND AND NATURAL RESOURCES THROUGH AFFIRMATIVE ACTION

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A group of people smiling standing next to a woman holding a goat by its leash

Widows have a right to own property

Over the last decade, Kenya has taken some steps to promote fairness and secure women’s rights within the institution of marriage. The promulgation of the progressive 2010 Constitution and the enactment of the Matrimonial Property Act of 2013 (‘MPA’) have been significant steps in the right direction. The act abolished the unconstitutional marital powers of the husband and placed husbands and wives on equal footing. Men and women who are married in civil marriages in community of property must now consult each other on all important financial transactions, as equal partners. 

Before the Act was passed, the common law concept of “marital power” gave the husband the right to control the joint estate. Even though half of everything belonged to the wife, the husband had the authority to administer the estate on behalf of the couple.

Section 5 gives equal power to spouses married in community of property: to dispose of the assets of the joint estate; to contract debts for which the joint estate is liable; to administer the joint estate.

Section 6 states that “a spouse married in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse”. 

Provides women married in a community of property equal access to bank loans and ownership of property without the consent of their partner.  

Makes the age of consent for entry into civil marriage 18 years for both sexes, and provides that men and women are equal before the law.

Provides that immovable property, such as a communal house, must be registered in both spouses’ names. The sale of such property has to be approved by both parties. Likewise, the act provides for equal guardianship over minor children of the marriage.

When a marriage in community of property ends, any liabilities are settled out of the joint estate. If the marriage ended in divorce, the remainder of the estate is normally divided equally between the spouses. 

If the marriage ended due to the death of one spouse, the surviving spouse keeps his or her own half-share and the deceased spouse’s half-share is distributed in terms of the law of succession or intestacy.

 

In marriages out of community of property, the assets and debts of the husband and wife remain separate. Ownership of property remains with the person who acquired it. If the marriage ends, each spouse retains his or her own separate belongings.

The Act also makes it clear that both husbands and wives in marriages out of community of property bear responsibility for making contributions to household necessities in proportion to their resources. Both spouses are jointly and severally liable to third parties for all debts incurred by either of them for necessities for the joint household. A spouse who has contributed more than his or her fair share for such necessities has a right of recourse against the other spouse.

Couples who have entered into antenuptial agreements sometimes use a variation of community of property known as the “accrual system”.

In this system, the property owned by the husband and the wife before the marriage remains their separate property, and property acquired during the marriage is administered as separate property. When the marriage comes to an end, husband and wife share equally all of the property and assets that were added to the household during the marriage. There is no sharing of losses, only of profits.

CASE STUDY – KNOWLEDGE OF SUSTAINABLE AGRICULTURE BEING USED TO EMPOWER WIDOWS IN KITUI COUNTY, KENYA

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Woman dressed in green overall and boots bent picking plants on a farm

Sustainable agriculture is empowering widows in Kitui County, Kenya

Widows are a vulnerable demographic lacking in economic means, social capital and means to protect their individual rights. In recognition of their unique status as societal pariahs, community-based organizations in Kitui County came together and brainstormed ideas for creating sustainable livelihoods for widows living amongst them. Earlier on, it was evident that sustainable agriculture would be transformative and practical. It was a consensus that through a communal collaborative effort, widows could grow crops and raise livestock to guarantee them a source of food and income. 

Sustainable agricultural practices were intended to protect the environment, expand the natural resource base, and maintain and improve soil fertility in areas where it was practised. Based on a multi-pronged goal, sustainable agriculture was chosen as it increased profitability, and income, and promoted environmental stewardship.

Kitui region is located in the Arid and Semi-arid region of Kenya that receives little rainfall which is often sporadic. 

Among the activities undertaken were:

  • Rotating crops and embracing diversity.
  • Planting cover crops and perennials.
  • Reducing or eliminating tillage. 
  • Applying integrated pest management (IPM). 
  • Integrating livestock and crops. 
  • Adopting agroforestry practices. 
  • Managing whole systems and landscapes.

It should be understood that these widows were women previously displaced from their matrimonial homes, and they lacked the technical skill of utilizing scanty ecological resources to practice agriculture.

The introduction of this activity was therefore revolutionary in a sense. Previously destitute mothers could now look forward to harvesting their crops and selling them at local markets. The proceeds from this would then be used to pay for their children’s school fees, rent living quarters and purchase dignified clothes. The resultant social effect was the emergence of a class of empowered widows, who no longer looked at society with a bowl in hand, begging for sustenance. 

As a sustainable agricultural practice, the resulting effect was;

  • Increase in productivity, employment and value addition in food systems.
  • Protection and enhancement of natural resources.
  • Improved livelihoods that fostered inclusive economic growth.
  • Enhanced resilience of widows, whose socioeconomic ecosystem could withstand different economic shocks.
  • Adapt governance to new challenges especially as widows acquired social capital and economic power, they were able to hire legal aid to advocate for and speak for their rights.

The example of how widows were rescued from the throes of poverty and propelled to a life of hope and dignity is what the goat foundation aspires to and continues doing across the country. Scores of women have received a pair of goats from this foundation and the socioeconomic outcome has been similar. At the Goat Foundation, we felt encouraged to observe how different aspects of the Sustainable Development Goals were being attained by the simple act of communal cooperation, training and inculcation of relevant skills. It is for this reason that our foundation not only offers a pair of goats to widows, but we also provide crucial financial literacy training that ensures these women can start to grow their financial base through making informed decisions. 

 

A NEW DAWN IS NEEDED FOR KENYAN WIDOWS

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Kenyan widows deserve a change in policies that will protect them.

As members who are traditionally perceived as being a burden and inauspicious to the family, widows are often relegated to the status of the ‘unwanted insiders.

The ‘triple burden’ that they have to contend with, in the form of the stigma associated with widowhood, severe constraints on access to resources, and sexual vulnerability, makes them one of the most marginalized and vulnerable communities in our country.

This is a stark contrast to their male counterparts, who are not subject to similar socio-economic exclusion within households. The problems that confound widows in Kenya are therefore manifestations of the extreme gender disparities that are inherent in Africa where widowhood is persistently viewed as a social stigma.

The Kenyan constitution defines human dignity as a basic right. To be dignified implies having access to food, shelter, and clothing. It also means that one should be in a position to receive medical, legal, and education services.

Widows in Kenya lack more than half of what it defines to be dignified. In addition, they are tortured, beaten, robbed, shunned, and mocked by a society relentless in ostracizing them.

The new government, therefore, has an obligation to uphold the law and abide by the constitution. This means ensuring that widows access the basic amenities and services due to all Kenyans as alluded to in the constitution.

As The Goat Foundation, we have some proposals that we would like to front which we feel if implemented would guarantee widows some sense of dignity.

 

  1. Pass laws guaranteeing the widow’s right to ownership of land and property of their dead husband.
  2. Rigorous enforcement of this law and punishing of lawbreakers.
  3. Community sensitization and education about the rights of widows.
  4. Offer micro-finance solutions to widows so that they can start small businesses and diversify their income.
  5. A welfare program that caters to the education of widows’ families and access to free medical services.

We are aware that there are existing policies and laws protecting women, and legal guidelines against theft, which is what is perpetrated against widows. The present policies need to be broadened to include all age and income groups amongst the widows. Moreover, Widow Empowerment programs should be sensitive to the needs of different sociocultural groups and cater to minority communities.

If our recommendations are adopted, these measures have the capacity to transform the fortunes of every widow in the country. These are measures that should be applied by national and county governments.

Fortunately, we have female legislators at both levels of government. These upstanding ladies should introduce legislation that expands on my recommendations above. In addition, these leaders should be at the forefront of initiating a national conversation on widows’ plight and their rights in order to lift the social stigma against widowhood.

It is our ardent hope that the new leadership will accord extra time to the rights of the weak and innocent.

 

The United Nations observes 23 June as International Widows Day, to draw attention to the voices and experiences of widows and to galvanize the unique support that they need.

FOR OUR FOUNDATION IT IS ALL ABOUT GOATS

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Many have been nonprofit organizations and foundations founded in Kenya. Each of these organisations supports one cause or another while aiming to resolve issues afflicting social or economic well-being, progress or development among communities.

A Unique Solution

The Goat Foundation offers a unique solution to address and empower a group of people that in most societies go unnoticed. For The Goat Foundation, it is all about widows. The foundation noticed a gap in the services that catered for the welfare widows. In most cases, widows were ignored and received negligible support from the societies in which they lived in, therefore, The Goat Foundation embarked on a mission to support and empower them. “How?” you might ask. Through providing hope by giving goats.

The Goat Foundation donates a pair of goats to the family of widows. One female and one male with the hope that the goats will procreate and multiply and from two goats, the recipient will get multiple goats that can support her and her family.

While marking this year’s International Widows Day, according to The Goat Foundation’s Chief Project Executive Anne Musau, the foundation projects to give 20 million goats to 10 million widows across the country in the next ten years.

The Goat Foundation’s Chief Project Executive, Anne Musau with beneficiaries of the goat giveback

Did not go Unnoticed

This great act has not gone unnoticed as women in communities that received these donations expressed their gratitude and applauded The Goat Foundation saying the donations had empowered them and made their families economically secure.

Local community leaders and those from the larger political realm have not let the foundation’s goodwill go unnoticed with most praising the efforts geared towards empowering their communities. The leaders agree that the donation of the 2 goats benefits not just the widow but also those around them as the goats procreate giving the widows an opportunity to empower themselves and those around them by sharing the produce from the goats or some even go a step further to donate a kid to another widow like themselves.

Kitui Member of Parliament – Hon. Benson Makali with other leaders and one beneficiary of the goat giveback in Kitui.

One thing the widows, community leaders, and political ones can agree on is that the efforts by The Goat Foundation could not have come at a more opportune moment. The efforts have seen a once forgotten, very important group of people are empowered and can once again smile in the reassurance that their pockets are a little heavier because of a rather unique avenue of empowerment.

FROM THE HEART OF A WIDOW

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The Goat Foundation Founder, Steve Down at a Goat Giving ceremony in Machakos.

Losing a loved one is hard. Imagine losing your all abruptly. Losing your partner, your support system, and your greatest cheerleader. Life as you know it takes a drastic turn and believe me it becomes dark. The partner you lose is like losing a part of you. No book written under the sun can prepare you for this. It is a heavy transition and really, there is no getting used to it. You just learn or is it re-learn how to live life.

When my husband died he left with me. Ironical right? It was crazy, it was as if I was in a trance. How? He was not sick, he was whole and hearty. Got into his car, kissed his newborn child and me goodbye, and left for the day just like any other day. Before he left as if he could tell he would not return, he left his phone only to return and spend a few more minutes that turned into an hour and a half playing with his new daughter. He was running late but that did not seem to matter. When the phone calls became too many to bear, he left gave us his daily dose of affirmations and dad jokes, and left. That was it.

He went to work and the next time I would see his car it would take a minute for me to tell what type of a car it is. He had an accident on his way to work and his short life was cut short. Through the mourning period, I was in a trance, I was in a daze, and I barely remember any conversations I had at that time. It was difficult but here I am whole and hearty with a well-raised and blessed child thanks to God and generous and giving foundations such as the Goat Foundation. As a widow you need a village, you need a support system and a sustainable one because what next?

The Goat foundation is that village for many widows across the county. It is breaching the gap for widows who would otherwise have been forgotten. It is returning pride and smiles to the widows. The Goat foundation is not your ordinary nonprofit, it is a nonprofit that lives and pushes cause capitalism. Through their for-profit institution Financially Fit they channel resources to caring for and empowering widows in marginalized communities. No, they do not give them money because in today’s economy money comes and goes very easily and fast. They provide an empowering avenue for widows through goats. YES…. GOATS. For this cause, they give 100 widows 2 goats each. A male and female and I dare say this is a neat idea because goats, as you know, have the shortest gestational period and within no time a widow can move from having two goats to multiple with proper care of course.

As we marked International Widows Day a day that is hard for all widows alike. However, this one is a special one for the widows across the country that have so far been impacted by this great cause. The Goat Foundation’s promise is that 10 million widows will receive 20 million goats in the next 10 years. Now that is what we call Capitalism with a cause. Cause Capitalism brings abundance and a fair shot at wealth creation for all widows. God Bless Cause Capitalists worldwide.