It was noted that the most devastating experiences, save for abject poverty, a filthy environment and unsafe drinking water, was insecurity of land tenure. Kenyans expect the National Constitutional Conference to discuss the rights of women as they relate to land and property ownership. 

Various Kenyan women residing in slums dwellings know only too well what it means to be poor and landless.  Mary Otieno from the Mathare slums in Nairobi can barely recall the number of times she has had to move house during her 40-year stay Nairobi’s numerous unplanned settlements.

Her biggest wish echoes that of millions of impoverished women; that she could one day marshal enough resources to buy herself land and build herself a decent shelter: “We are not sure who owns this property. We keep hearing different stories about land ownership in the slums,” she lamented.

According to a recent Human Rights Watch report entitled: “Double Standards: Women’s property Rights Violations in Kenya”, women throughout Kenya lose their homes, land and other property due to discriminatory laws and customs.

Janet Walsh, deputy director, Human Rights Watch says: “Kenya, among the East African countries, has been identified as one of those lagging behind in improving her laws and constitution.”

In Kenya and other Sub-Sahara African countries, women are exposed to poverty; homelessness, violence and disease-including HIV/AIDS-when their property rights are abused, says Lashawn R. Jefferson, Executive Director of the Women’s Rights Division of Human Rights Watch.

Women’s insecure property rights also hinder development by contributing to low agricultural production, food shortages, underemployment and rural poverty.

According to the Njonjo Commission on Land, the forms in which the present land laws exist are punitive. “Laws governing land tenure in Kenya are complex and virtually fatal.”

In its report, the Njonjo Land Commission acknowledged as a big problem section 75 of the constitution, which has since independence protected even the wrongly acquired land in political interest.

According to Kagwiria Mbogori, former executive director of the International Commission of Jurists (Kenya Chapter); “Although the draft constitution acknowledges the urgent need for land reform, the land issue is still a pressing one calling for gender equality.”