Women have the right to own property

A portion of modern women still clings to traditional beliefs that property rights are the exclusive domain of men. In contrast, some single, well-educated women earning six-figure monthly salaries are cautious about investing in real estate, believing they cannot become full-fledged property owners. Conversely, there are women who have enthusiastically embraced the real estate market and have become property magnates. They own high-end apartments and plots in Kitengela, Kajiado, Kiserian, and Mlolongo. Is property ownership truly exclusive to men?"

Edna, Nairobi

Legally, women should not view real estate as a preserve of men as the Constitution protects the right to private property – regardless of gender as long as it was acquired legally.

The chapter on land in the Constitution provides for equitable access to land and the elimination of gender discrimination. Separately, the Land Act 2012 provides for the elimination of gender discrimination in law, customs and practices related to land and property. It further encourages communities to settle land disputes through recognised local community initiatives and affording equal opportunities.

According to Article 68 (c) (iii) of the Constitution, Parliament should enact legislation to regulate the recognition and protection of matrimonial property. It particularly seeks to protect the matrimonial home during and on termination of marriage.

Moreover, the recently enacted Land Registration Act 2012 considers marriage a valuable consideration.

According to the Land Registration Act (LRA), spousal rights over matrimonial property are among overriding interests that do not necessarily need to be noted in the register.

Section 93 of the LRA provides that subject to the law on matrimonial property, if a spouse obtains land for co-ownership, there is a presumption that the spouses shall hold the property as joint tenants unless they state otherwise.

The law also requires consent of a spouse before any transaction on the matrimonial property or home.

But, women remain concerned about whether historical injustices on land should include the denial of women's property rights just like different customary inhibitions.

It is an open secret that a very low percentage of women own titles to property and that they are denied rights to land and property.

 - Harold Ayodo is an advocate of the High Court of Kenya