LAND OWNERSHIP AS SYMBOL OF GENDER POWER RELATIONS IN GUSII, KENYA: A HISTORICAL PERSPECTIVE
Keywords:
Land, Ownership, Symbol, Gender, Power, RelationsAbstract
Purpose: In recent years, there has been intense discourse over various aspects of gender and how they impact social, economic and cultural development. However, most of these discourses on gender have mainly focused on urbanized environments and/or are based on Western conception of gender issues. This study provides a longitudinal analysis of gender power relations as reflected in the control and usage of land resources in a rural African setting (i.e., the Gusii community in South western Kenya). Specifically, it examines the role of women as relates to ownership of land and/or lack of it and how the situation has evolved over the years.
Methodology: The study relies on both primary and secondary sources. The primary sources include archival sources from the National Archives in Kenya, Gusii County archives and archives belonging to individual groups, churches and Gusii Cultural Centre, This information is corroborated with secondary sources such as books, journals, magazines, periodicals, newspapers, unpublished theses, seminar papers and electronically stored information on the internet.
Findings: The study shows that over the years (i.e. pre-colonial, colonial and post-colonial period) women have been increasingly marginalized and have minimal control and access to land resources. State policies that are based on individual land ownership through the provision to title deed have tended to exclude women from land ownership.
Unique Contribution to Theory, Practice and Policy: Consequently there is need of alternative land use policies that recognize the rights of women as relates to land ownership and usage.
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References
Akama, J.S. and Maxon, R. (2006). Ethnography of the Gusii of Western Kenya: A Vanishing Cultural Heritage. New York: The Edwin Mellen Press.
Akama, J.S. (2017). The Gusii of Kenya: Social, Economic, Cultural, Political and Judicial Perspectives. Canada: Nsemia Publishers.
Bentsi-Enchill, K. (1966). Do African Systems of Land Tenure require a Special Terminology?, 9 J. AFR. L. 114-139.
Biersack, A. (2006). Reimagining political ecology: culture/power/history/nature. In A. Biersack and J.B. Greenberg (eds.) Reimagining political ecology. Durham: Duke University Press.
Bryant, R.L. (2001). Political ecology: a critical agenda for change. In N. Castree and B. Braun (eds.) Social nature: theory, practice and politics. London: Blackwell.
Bryant, R.L. (1998). Power, knowledge and political ecology in the third world: a review. Progress in Physical Geography 22(1): 79-94.
Downs, R.E. (1988). The Kenya Land Tenure Reform: Misunderstandings in the Public Creation of Private Property, in Land and Society in Contemporary Africa, 98.
Eisenhardt, K.M. (1989). Building theories from case study research. Academy of Management Review 14(4), 532-550.
Elmhirst, R. (2011). Introducing new feminist political ecology. Geoforum 42: 129-132..
Fortmann, L. and Riddell, J. (1985). Trees and Tenure: An Annotated Bibliography.
Government of Kenya (1984). Kisii Development Plan. Nairobi: Government Printer.
Government of Kenya (2002). Report of the Commission of Inquiry into the Land Law System of Kenya on Principles of a National Land Policy Framework, Constitutional Position of Land and New Institutional Framework for Land Administration. Government Press, Nairobi, Kenya.
Government of Kenya (1999). Report of the Judicial Commission Appointed to inquire into Tribal Clashes in Kenya. Nairobi, Kenya: Government Printer.
Hakansson, T. (1998). Bridewealth, Women and Land: Social Change among The Gusii of Kenya. Uppsala studies in cultural anthropology. No. 10. Uppsala: Amquiest and Wilsell International.
Hakansson, T. (1986). Landless Gusii Women: A Result of Customary Land Law and Modern Marriage Patterns. Working Papers in African Studies Programs, Department of Anthropology, University of Uppsala.
Hakijamii, GI-ESCR and FIDA (2016). Joint Shadow Report to the United Nations Committee on Economic, Social and Cultural Rights, 57th Session.
Henrysson, E. and Joireman, S.F. (2009). On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya. Law & Society Review 43(1), 39-60.
LeVine, S. (1979). Mothers and Wives: Gusii Women of East Africa. Chicago: Chicago University Press.
LeVine R., and LeVine. B.B. (1966). Nyansongo: A Gusii Community. New York.
Matthews, K. and Coogan, W.H. (2008). Kenya and the Rule of Law: The Perspective of Two Volunteers. 60 Maine Law Review 561.
Maxon, R. (2003). Going Their Separate Ways: Agrarian Transformation In Kenya, 1930- 1950. London: Associated University Presses.
Mayer, P. (1950). Gusii Bridewealth, Law and Custom. Rhodes Livingston Papers Number 18. London.
Moore, D. (1996). Marxism, Culture and Political Ecology: Environmental Struggles in Zimbabwe's Eastern Highlands. In Peet, R. and Watts, M. (editors), Liberation Ecologies: Environment, Development, Social Movements. London: Routledge.
Moore, D. (1993). Contesting Terrain in Zimbabwe's Eastern Highlands: Political Ecology, Ethnography and Peasant Resource Struggles, in Economic Geography 69, 380-401.
Ndege, T.M. (2006). Evolving land tenure and agricultural systems, in J.S. Akama and R. Maxon (2006). Ethnography of the Gusii of western Kenya: A Vanishing cultural heritage. Lewiston, NY: Edwin Mellen Press.
Nyamwaya, D. and Buruchara, R. (1986). Property and land Tenure, in G.S. Were and D. Nyamweya (Eds.). Kisii District Socio-cultural Profile. Nairobi: Government Printer.
Nyanchoka, J. (1984). The Law of Succession Act and Gusii Customary Law of Inheritance. M.A. Thesis. Nairobi: University of Nairobi.
Ochieng, W.R. (1986). Kenya's People: Peoples of the South West Highlands, Gusii. Nairobi: Evans Brothers.
Ochieng, W.R. (1974). A Pre-colonial History of the Gusii of Western Kenya, c. 1500-1914. Nairobi: East African Literature Bureau.
Ojienda, T. (2008). Conveyancing; Principles and Practice. Nairobi, Kenya: LawAfrica (K) Publishing Ltd.
Okoth-Ogendo, H.W.O. (1989). Some Issues of Theory in the Study of Tenure Relations in African Agriculture, 59 Africa 6.
Okoth-Ogendo, H.W.O. (1975). The Adjudication Process and the Special Rural Development Process. Unpublished Occasional Paper no. 12, Institute of Development Studies, University of Nairobi.
Omosa, M. (1998). Re-conceptualization Food Security: Interlocking Strategies, Unfolding Choices and Rural Livelihood in Kisii District. The Hague: Service Centrum Vans Gils BV.
Rose, L.L. (2002). Women's Strategies for Customary Land Access in Swaziland and Malawi: A Comparative Study. 49 Africa Today, 123-49.
Smith, L.T. (1999). Decolonizing Methodologies: Research and Indigenous Peoples. Bookstore and UB.
Southall, R. (2005). The Ndungu Report: Land & Graft in Kenya. 32 Review of African Political Economy 142.
Swynnerton, R.J.M. (1955). A Plan to intensify the Development of African Agriculture in Kenya. Nairobi, Kenya: Government Printer.
Verma, R. (2001). Gender, Land and Livelihoods in East Africa: Through Farmers Eyes. Ottawa: International Development Research Centre.
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