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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.

HOW CBOs ARE ENGAGED IN THE STRUGGLE AGAINST THE ‘CLEANSING RITUAL’ IN WESTERN KENYA

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A woman seated on a chair with ash smeared on her face. She is carrying a small child crying and beside her is a short girl standing

Widows are subjected to cleansing rituals in some parts of Kenya

When a husband passes away in western Kenya, it represents not only the loss of a spouse but also the passing of a provider for the family and a change in the woman’s standing within the community. In the traditional culture, the widow must undergo purification following the spouse’s passing.

The ritual requires widows to have sex with strangers who are sometimes HIV-positive and do not use protection. The sexual cleansing is done as part of the transition process for the widow to become eligible to remarry and is also conducted to cleanse the widow of evil spirits resulting from the death of her husband.

After the cleansing has taken place, the widow is expected to be inherited by a man, traditionally an in-law. In recent days, in-laws are now less willing to inherit a widow due to the economic burden, which has led to men who are not relatives asking for payment to perform the rituals.

Entrenched tradition, poverty, and hunger are some of the main challenges that these community organizations face in the quest to stop women from agreeing to participate in the cleansing. Poverty makes the widow agree to participate in the ritual so the man can take care of her and the children.

The CBOs that are non-profits are now supporting women’s groups that have come together to reverse the traditional practice. The groups meet once a week to offer solace, and advice to each other while preaching against the ritual to other women in the community.

As much as these women are doing something great to meet and try to stop the rituals, it’s not easy for them in the community. Many have faced death threats and some have been attacked for speaking against the practice.

The CBO has also formed men’s Barazas to try and speak to them and discourage the practice. The tradition, though, is so entrenched in the community that it’s very difficult to try and talk them out of it. The Kenyan government has also tried to enact an act that protects women against domestic violence and promotes gender equality but the act still goes on.

One of the interventions that the community-based organizations are carrying out to assist the widows in having a business of their own that can support their families is equipping these women with the skills necessary to enable them to make a living. Through their women’s organizations, the CBOs provide charity grants to help them launch businesses that say no to poverty and hunger.

The Goat Foundation is committed, in line with the sustainable development goals, to helping widows support their families through economic empowerment. We give the widow’s family a pair of goats as part of our contribution. Our intention is to give the recipients two goats—one male and one female—in the hopes that they will breed and produce additional goats.

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.