KELIN invites applications from competent institutions or individuals to conduct an in depth research on “The impact of Luo culture on women’s land, property and inheritance rights in Kenya”.
1.0 BACKGROUND
Despite the legal and cultural provision on land and property rights for women and girls, only 1% of women in Kenya hold land in their names, the other 5% of the women population hold the titles jointly with a man. Ironically, women constitute a majority of human resources to support subsistence agriculture. Concerning cash crop production, women also provide 70% of the workforce. Although they are the backbone of the workforce, women still have a negligible percentage of land titles. The basis of this pithy disparity is attributed to discriminative customs where women are excluded from inheritance of their parents’ property. Kenya has made huge gains on legislative frameworks that abhor discrimination, yet the right holders still waive their inheritance rights in allegiance to cultural practices.
The Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN) is a non-governmental organization that promotes and protects the health-related rights of the vulnerable, marginalized and excluded populations. We do this by advocating for the integration of constitutional and other human rights in policies, laws and operational frameworks relating to the right to health.
For the last eleven years, KELIN has implemented projects within the western parts of Kenya. We have interacted with the impact of the existing dominant culture in the region, which is the Luo culture and observed access to justice vis-à-vis existence of culture especially with regard to property rights. Luo people have established doctrines by which their experiences are directed, logically reasonable, and are rendered meaningful, virtuous and cherished. Culture infiltrates their day to day lives. From the name given at birth, through to the time they are interred, culture and customs prescribe engagements of the society.
The Constitution of Kenya 2010 provides for culture and it being recognized as the foundation of the nation but the same law recognizes the non-applicability of repugnant cultures. Further, traditional leaders are given mandate to facilitate access to justice for most vulnerable populations through traditional justice systems as long as their decisions do not contravene the bill of rights outlined in the same constitution.
In contemporary Kenya, culture governs marriage practices in the Luo community. Marriage Act, 2014 recognises customary marriages which is celebrated according to a given community practices. Moreover, courts when entertaining matters that have elements of cultural practices, call elders from the relevant community to offer guidance on a given practice. In a community where woman to woman marriage is practiced, the common practice is there is need for a cultural expert to be called as a witness. In the case of S. M. Otieno that made headlines in 1986, Luo elders were called as experts of Luo customs and practices to offer guidance to the court. To prove custom, by section 51 of the Evidence Act, evidence of its existence must be called to provide the juridical and philosophical basis. That was observed in Nyariba Nyankomba vs. Mary Bonareri Munge [2010] eKLR where the High Court said that: “Time and again, it has been stated that in cases resting purely on customary law it is absolutely necessary that experts versed in the customs be summoned to testify so as to assist the court reach a fair verdict since the court itself is not well versed in those customs and traditions”.
2.0 SCOPE OF THE WORK
The inability of women to secure ownership, control and access to land and property has been occasioned by misinterpretation of the applicable traditions and cultures. From the foregoing, influence of culture on women land and property rights cannot be gainsaid. Elders are considered the custodians of culture and they pass it down to the next generation. However, there is a shift in the way of life and the said culture is getting diluted or blended with western lifestyle or intermarriages. Furthermore, city life has blown the already struggling culture a death stroke. Old age among other vicissitudes has contributed to attrition of elders, hence there are fewer and fewer elders to pass down customs, and the cultural fabric of the Luo society is unraveling. The research will further identify avenues for intervention in order to prevent violations and exploitation of the vulnerable on the basis of culture.
The planned research and documentation will assist in visualizing the correct cultural positions, thereby reducing levels of abuse and exploitation of the vulnerable due to lack of written accounts of cultural positions. It is for this reason that KELIN seeks to conduct research on the impact of culture on the lives of women and their land, property and inheritance rights.
3.0 OBJECTIVE
The main objective of the study is to gather information on the impact of culture on the rights of women to land, property and inheritance. The focus is to identify the points of departure from the culture that is supportive of women’s right to land and property, and to highlight customs that are still practiced that impede women’s rights to land, property and inheritance. This should culminate in policy change to influence the societal norms.
4.0 DELIVERABLES
The key deliverables for the assessment are as follows:
• Inception report, prepared after an inception meeting, detailing the general understanding of the assignment, approach, work plan, budget and deliverables.
• A work plan with timelines as agreed on with KELIN.
• Questionnaires, to be approved by KELIN, which shall be used to conduct interviews.
• Draft report on findings from the interviews.
• Conduct validation meeting to verify the findings in the draft report.
• Final report. The report should be logically structured, contain evidence-based findings, conclusions, lessons and recommendations, and should be free of information that is not relevant to the overall analysis. The report should respond in detail to the key focus areas described above. It should include a set of specific recommendations formulated for the project, and identify the necessary actions required to be undertaken, who should undertake those and possible timelines (if any).
KELIN’s role in completion of assignment;
• KELIN shall be responsible for linking the consultant with the relevant mapped stakeholders/interviewees.
• KELIN shall also provide administrative support in relation to expected travel to conduct interviews and the validation meeting.
• KELIN shall review the questionnaire, report and avail comments to the consultant for the finalization of the documents. The roles will be further defined at an inception meeting.
5.0 REPORTING RELATIONSHIPS
The Consultant will report to the Programme Manager, Women Land Property Rights and the Deputy Executive Director.
6.0 DURATION OF THE WORK
30 consultancy days
7.0 QUALIFICATIONS OF THE CONSULTANT
Functional Competencies:
• Expert knowledge of human rights, legal frameworks, health and the law;
• Expertise and appreciation of various cultural norms and practices;
• Significant experience working with national institutions and conducting advocacy.
• Extensive knowledge of the national HIV sector;
• Ability to research and write at a high level;
• Ability to research and conduct interviews with key informants; and
• Experience in the usage of computers and office software packages (MS Word, Excel, etc.) And advance knowledge of spreadsheet and database packages.
Core Competencies:
• Ability to produce high quality outputs in a timely manner while understanding and anticipating the evolving client needs;
• Strong organizational skills;
• Ability to work independently, produce high quality outputs;
• Sound judgment, strategic thinking and the ability to manage competing priorities;
• Demonstrates integrity by modeling KELIN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of KELIN;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favoritism; and
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.
Required Skills and Experience
• Advanced University degree in Social Sciences;
• Minimum of 7 years of relevant experience;
• Excellent written and spoken English;
• Understanding of local languages will be an added advantage.
8.0 APPLICATION INSTRUCTION:
• Download both TOR and Guidance Document from the following link: https://www.kelinkenya.org/category/vacancies/
• Strictly follow the instructions indicated in the TOR and Guidance Document;
• Members of key populations, people living with HIV and women with appropriate skills are encouraged to apply;
• Documents Required: Application letters and curriculum vitae.
Important Note:
• A candidate applying only by sending a CV to the designated email will not be considered;
• Please group all your documents into PDF documents;
• Prospective consultants who fail to submit both files as per the standard format and to the designated secured email will not be further considered for evaluation;
• A signed consultancy agreement and terms of reference will be the main documentation required in consultant contracting. (These terms of reference should have details regarding the roles and responsibilities of the contractor and KELIN)
9.0 FURTHER INFORMATION
Interested applicants should send their application letters and curriculum vitae and contacts of three referees to: The Head of Human Resources, Policy and Administration, KELIN, Karen C, Kuwinda Lane; P.O Box 112 00200 KNH, Nairobi or e-mail application to
info@kelinkenya.org; copied to
tnyenze@kelinkenya.org and
joluoch@kelinkenya.org by
15th July 2021. Interviews will be done on a rolling basis.
KELIN values diversity in all areas of its operations. We welcome and encourage applications from all interested and qualified individuals.
N/B Please note that only shortlisted candidates will be contacted.
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