The Constitution and the Kadhis: Women's Land Ownership Rights and Democracy in Kenya

Though Kenya has been democratizing since the 1990s, this progress has stagnated when concerned with women’s rights to inheritance and land ownership—especially when comparing Muslim and non-Muslim women. The prevalence of legal pluralism, in which multiple judicial systems exist, navigating between common law courts and Islamic courts proves to be a greater challenge when dealing with inheritance. Under religious dictation, Muslim women are entitled to only half of what their brothers are entitled to in matters of inheritance, while non-Muslim women and their brothers have equal access to inheritance. An example from the Indian Hindu Succession Act of 1956 demonstrates the magnanimous power equal inheritance gives women; namely, a chance to engage independently in the economy, contribute to the labor force and accelerate modernization. By following a similar model and reinstating equal access to inheritance for all women, regardless of religious affiliation, Kenyan women too can have increased access to land ownership rights. These rights allow them to become autonomous and independent players in the local economy and contribute to greater productivity for the state along with more economic mobility for themselves and their families.