Honorable Justice David Majanja explained that although Alternative Dispute Resolution (ADR) is important, it should not be used to undermine the rights of women. He stressed that registration of persons and registration of marriage were key to enabling women acquire inheritance rights. He also urged the participants to embrace the aspect of drafting their wills.
In Kisumu, Honorable Lady Justice Esther Maina took the participants through the history, roles and functions of the CUC and stated its role and commitment in promoting ADR. She noted the important role the elders have been playing in resolving various disputes through mediation.
The Homabay land registrar, Mrs. Violet Lamu, clarified the difference between community, private and public lands. She affirmed that there is no community land in Homabay County and stressed the need to create awareness on issues around title deeds and simplification of the Succession Law to the general population. She also clarified other issues relating to land, and engaged the participants in an in depth discussion on the right to access, use and own land.
The stakeholders came up with the following action points, purposed to strengthen the partnership and to ensure women land and property rights are amply protected:
- The Law of succession needs to be simplified and understood by the general population to reduce the incidence of disputes;
- An introduction letter is to be drafted by the elders to the Court Users Committee to seek representation in the committee. This is to be done before the next CUC meeting.
- There should be proper and accurate documentation of cases. Where necessary, such copies should be shared with the CUC for record keeping and reference.
- The CUC should have a strategic plan to enable other stakeholders know how best to work together.
- A copy of the CUC guideline should be obtained by KELIN. The guideline will assist the elders to familiarize themselves with the rules, regulations, composition and role of the committee.
The dialogue created a network between the elders and the committee members. It is anticipated that this will result in a more recognizable and formal dispute resolution structure that will work to promote women, land and property rights in both counties.
