Widows’ Rights and Justice

Nyanam began focusing on providing resources for widows regarding land rights when many of the women we work with approached our team seeking out technical assistance. In response we initiated a workshop with the intention to better understand the challenges widows faced in claiming land rights and to provide assistance. Nyanam conducted an information session during which we discussed the way land is often owned and the documentation, customary practices, and processes by which land is claimed. Following the information session, the widows engaged in a Q&A session with lawyers which allowed all parties to better understand the challenges the widows faced. The lawyers then met with the widows individually and offered advice on the best course of action for their personal situation. This workshop was eye opening for many of the widows since many had not been aware of the value of certain documentation. In turn, the workshop was beneficial for Nyanam’s team since we were able to better understand the obstacles widows faced in claiming land rights.

Nyanam has since outlined a land rights program which emphasizes addressing the root causes of land contestation and uses restorative justice as a guiding principle. Our program has four main focuses: community leaders education, conflict resolution, direct legal support, housing support and policy advocacy. 

COMMUNITY LEADERS EDUCATION ON LAND LAWS, RIGHTS AND MANAGEMENT

Our first focus of capacity building seeks to educate the widows and their community leaders (chief, elders) regarding land rights. The hallmark of this education component is training widows as paralegals who can serve as a first contact for widows who are engaged in land disputes and secondly sensitizing community leaders on land rights and success as key law custodians within widows communities.

We will provide workshops which will involve two widows from each leadership circle who will serve as a legal resource. These paralegals can accompany clients to the local authorities to complete paperwork, help draft court documents, and generally provide advice for issues widows encounter. This approach seeks to empower the widows and democratize knowledge of the legal process. In doing so, Nyanam hopes to reduce fear of the court processes and minimize the occurrence of land rights issues at the community level. 

By training the widows and youths to be paralegals, we hope to not only empower the widows and their children, but also empower the broader community and ensure justice. In some instances, individuals are not aware of statutory and government laws as well as the broader implications of actions taken to disinherit widows. The widows who are trained in the legalities of land ownership are able to share their legal and cultural knowledge with the community to help overcome these obstacles and change the norms in the regions surrounding land rights.

land conflict resolution

31% of Nyanam widows have reported experiencing land related conflicts. The conflicts include threats of eviction, disinheritance, boundary changes and sale of widows’ properties without their knowledge. These conflicts deny widows and their children peace of mind, reduce their farming productivity thus increasing food insecurity in these households, and increase both mental and physical health problems.

We prioritize community-based alternative conflict resolution mechanisms to ensure widows’ peace of mind and safety as they seek their property rights. Our counsellors facilitate family meetings to peacefully resolve these conflicts at family level. We also work closely with community and local government leaders to help resolve these conflicts at community level. We hold trainings for community leaders on conflict resolution mechanisms.

Direct Legal Support

Nyanam has connected widows with pro-bono lawyers who have been able to provide individual assistance to widows as issues arise. For example, when a widow once received a threatening letter claiming her land would be taken away if she did not vacate the property, our lawyers were able to identify the letter as baseless and put the widow at ease. We have established partnerships with Transparency International (Kisumu Chapter), KELIN, and individual lawyers like Senior Council Agnes Aron to provide legal aid to widows.

Housing

According to our internal data, only 11% of Nyanam widows own houses. Many of them are forced to leave their marital home because they have no house to live in, no capacity to build one, and no one to support them in housing construction. For example, Alice, a widow suffering with undiagnosed mental illness. Alice lives with her children in a small, dilapidated house in a swampy area. The walls of her house are falling apart because of dampness. We have established our first housing project in partnership with Onsite-ICF, a social enterprise founded and led by Steve Ross that aims to put good housing within reach. Our goal is to build 58 three-roomed houses for Nyanam widows in 2023. Onsite-ICF is donating 29 houses to Nyanam widows, one house per leadership circle. We (the widows, Nyanam and Onsite-ICF) will pull our resources to build another 29 houses for a total of two houses per leadership circle. 

Policy Advocacy

Lastly, our focus on policy advocacy seeks to engage in advocacy efforts at the local and nation level to rethink the nature of land legislation which are not protective for widows. In advocating for widows rights at a broader level, we aspire to not only change the legal basis widows can utilize to claim land rights, but also to shift the cultural practices which limit the rights of widows. We do this in collaboration with out partners.