Land disinheritance and its impact on women socio-economic emancipation; an analysis of Kenya, Rwanda, and India

Abstract

This dissertation examines the systemic disinheritance of women in Kenya, particularly in patrilineal societies where cultural norms and legal pluralism undermine statutory protections. The research seeks to interrogate the legal and regulatory framework governing women’s land inheritance, evaluate the effectiveness of current enforcement mechanisms, and analyze whether education and sensitization efforts can bridge the gap between law and practice. Additionally, the study explores whether women, particularly in rural areas, are better suited for land ownership given their economic contributions and reliance on land for sustenance. The study adopts a doctrinal legal research methodology, critically analyzing statutory provisions, judicial decisions, and comparative frameworks in Kenya, Rwanda, and India. It further incorporates a comparative analysis of inheritance laws and enforcement mechanisms in these jurisdictions, particularly on landmark cases such as Rono v Rono (2005), Vineeta Sharma v Rakesh Sharma (2020), and Rwanda’s Abunzi mediation system. Findings reveal that legal frameworks exist to protect women’s inheritance rights but are often negated by weak enforcement, customary law dominance, and socio-cultural resistance. While court rulings have increasingly favored gender equality, implementation remains a challenge due to bureaucratic inefficiencies and reluctance by local authorities to enforce judicial decisions. Additionally, education and legal awareness have improved women's ability to claim inheritance, but these efforts have not sufficiently shifted societal attitudes among male relatives, who remain the primary perpetrators of disinheritance. To address these challenges, the dissertation recommends strengthening enforcement mechanisms, digitizing land registries to prevent fraudulent transactions, expanding legal aid for vulnerable women, and implementing targeted education programs for men. Ultimately, ensuring women’s secure land tenure requires a multifaceted approach combining legal, institutional, and cultural interventions to dismantle systemic disinheritance and promote gender-equitable land governance.