National Policy Ep25: Sowing Seeds of Change; Empowering Women and Youth in Kenya’s Land Leasing Landscape

Since time immemorial, land has been a central factor in the production of 80% of the food we consume but its ownership normally determines what can be produced on it. This partly affects how the proceeds at the end of the season are shared in the households.

Secure land tenure rights remain a privilege for men in Kenya, but they are scarcely available to women, who provide 80% of the labor in agriculture, the country's main source of income. The elimination of poverty, increased household welfare, improved health and educational outcomes, food security, increased personal income and savings, improved credit availability, and decreased vulnerability can all be impacted by securing land ownership rights.

But for many years, women's access to land has been determined by their relationship with men—as husbands, uncles, fathers, or sons, for example. A land tenure system that depends on the stability of marital or family relationships not only hinders women's participation in national development but also negatively impacts their quality of life.

allowing women access to land even if they do not own it does not always improve their situation. Occasionally, women are left with no choice over how much money they spend and are compelled to give their male counterparts the earnings from their farms.  While hitting the equilibrium of land ownership might be a huge mountain to climb there is an alternative of leasing land for agreed terms. This is however not a smooth journey for women and youth as it sounds. In this article I outline some of the hurdles that are faced by women and youths in the arena of land leasing and some of the ways to change this situation.

Challenges

Leasing land is a delicate issue, yet sometimes it is the better option for smallholder farmers. At FSPN Africa we work with women and youths, and I can confidently say the zeal to materialize the knowledge they gained from our programmes is always encouraging but that needs more land to realize better outcomes or put knowledge into practice.

To prevent letting go of the knowledge from pieces training, farmers report that leasing has been a better option for them. This happens due to small portions of land of ancestral land that is often not enough to produce sufficient food and surplus for selling. The process is normally done on informal arrangements where in most instances there is no documentation for legal binding.

Hinged on cultural instincts women are likely to face cold attacks from landowners who are mostly men. For instance, gauging the harvest potential and the profits that are likely to be attained, some landowners may demand more payment to add to the initial agreement. Sadly, this change in their minds is expressed barely before the crops are harvested or sold. Additionally, this is driven by the realization of the potential of a farm after restoration toil is done on the land and breach of the agreement due to lack of agreement documentation.

Women face challenges like boundary disputes upon the knowledge of them leasing a particular land. People can deliberately graze on women-owned farms which reduces crop population and affects the intended reaping capacity and quality.

Land acquisition Laws

Most rural women do not pay much attention to the laws relating to the acquisition of land and the registration processes. They rarely have the means to protect their rights and frequently lack comprehension of enforcing them. In addition to not knowing about their rights as women, they also don't know about the regulations that normally govern buying, acquiring, or registering land.

When it comes to land matters, rural women in Kenya who seek justice from the courts find the legal system to be relatively costly. Unable to meet the high judicial costs, most rural women resort to informal institutions to resolve land disputes. While informal institutions may provide local solutions to local challenges, they continue to suffer from leadership deeply rooted in biased traditions and patriarchal ideologies that deny women their right to access or own land.

Young men have also found themselves having difficulties in owning land. Some people are adamant about giving their children. Many young are knowledgeable but lack access to land to venture into long-term farming fully. The informal leasing arrangements are sometimes very short and limited to one year.

Addressing the Gaps

Agriculture would be a huge gold mine industry if women owned land or had access to knowledge of how to conduct legal leasing agreements. On the other side, the absence of a comprehensive legal framework to manage the culture of land violence provides a fertile ground for land grabbing.

Through over 75 laws and policies governing land such as the National Land Policy of 2009, Constitution of 2010, the Matrimonial Property Act of 2013, Law of Succession (Amendment) 2021, Kenya has made strides in privatizing tenure rights to transcend discriminatory rights against women.

Overall, the Constitution of Kenya 2010 provides four key rights to land, namely: elimination of gender discrimination in customs, laws and practices related to land and property in land; security of land rights; equitable access to land; and recommendations to settle land disputes through recognized local community initiatives.

When it comes to leasing land, I believe leasing document can boost investments in farming by women and the youth, because it will allow one to lease land for up to 3 years as compared to local arrangement agreements that limit one to 12 months or just a single season which is likely to demoralize one from having long term with the land.

Moreover, it will be smooth to engage in farming knowing that your venture is protected from abrupt scenes of eviction for youth and women.

The development of youth-inclusive land policies that consider the unique needs and aspirations of young individuals could promote fair land distribution and secure land tenure for youth, fostering an environment conducive for their participation in productive land-based ventures. In addition, parents could be sensitized to subdivide land for their children regardless of gender while they are still alive.

Access to services

I believe in the possibility of utilizing digital tools to make sure farmers access information that can help them expand their production potential. Even while Africa's structural transformation spurred by digitalization has shown promise, challenges still exist, including the digital divide in rural areas, inadequate infrastructure, impediments related to affordability, and safety concerns. Addressing these difficulties will be crucial to ensuring that the benefits of digital agriculture are dispersed evenly and sustainably across the continent, Kenya included.

Leasing land for farming using formal documentation is a game changer for women and youth, ensuring that they are not defrauded in the middle of their farming projects. Furthermore, it gives them the upper hand to cultivate crops deemed profitable in the market sphere and they are able to fully exercise their stewardship towards environmental resilience. Transitioning from offering labor alone to controlling production resources goes far and beyond, opening opportunities to create more employment along the food system chains by women and youths.