Investigating Female Children’s Rights To Family Property And Its Implication On Children’s Justice In Kisii County, Kenya 

Mary Mogute, PhD, Daystar University, Kenya

Abstract

This study sought to establish respondents’ perceptions on female children’s rights to access, control, inherit and own property and their implications on children’s justice in Kisii County-Kenya. The constitution of Kenya (2010) equally provides for male and female children’s rights to property inheritance which automatically culminates in legitimate ownership. This is in tandem with international and regional instruments and treaties that require male and female children to be treated equally in all spheres of life. However, in practice this has been a mirage as cultural and customary beliefs and practices override existing legal provisions that equally cushion male and female children. This realization informed this study whose objectives were to identify respondents’ perceptions on female children’s rights to access, control, inherit and own family properties and proffer strategies that could be adopted to mitigate the vulnerability of female children’s rights to property inheritance and ownership. Cross-sectional descriptive survey was used in the study with a population and target population of 1,152,282 and 292,837 people respectively. A sample of 408 respondents and 30 key informants were selected using purposive and stratified random sampling procedures. Semi-structured interview schedules and in-depth interview guides were used to collect data. Generated data was quantitatively and qualitatively analyzed and the findings were that both male and female children were allowed considerable access to family property. However, as far as control, inheritance and ownership of property were concerned, male children were favoured over females. Secondly, as power and authority associated with property rights and status increased, the rights of female children to exercise and benefit from these powers and authority have diminished. The study recommends awareness creation of constitutional and other legal frameworks that promote female children’s property rights, their effective implementation and severe penalties for those who violate these provisions aimed at promoting children’s justice.

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