Digitisation of land records and its implications for women's land rights in Kenya

Gender inequality in access and control of land resources is pervasive in Kenya. A small proportion of women own land independently. Even so, the inefficiencies in Kenya’s existing manual land records system have exacerbated the plight of women’s land ownership as it is inaccessible, prone to wear and tear and a breeding ground for corruption. While the country’s efforts to digitize land records could potentially foster the security of land records, increase accessibility and aid transparency in land processes, it is not very clear that women will benefit from the digitization of land records. Against this background, this paper examines how Kenya’s existing manual records system has impacted women’s land rights and explores the potential of Kenya's current efforts in digitizing land records for protecting women’s land rights. Data for this study was collected from the rural areas of Busia County in Kenya through focus group discussions and key informant interviews. The data was then analysed through the lens of political economy with a keen eye on feminist political ecology. Findings suggest that while digitizing land records can help mitigate the challenges faced within the manual records system, digitization of land records alone without accompanying it with policy reforms that address gendered power imbalances, cultural norms, and political dynamics will not enhance women’s access to and control over land. Digitization of land records interacts intricately with aspects of the political economy and how these interactions transpire is still heavily influenced by politics and power. Despite the good intentions of the Ardhisasa digital platform, the study found that the system has unfortunately also been riddled by challenges such as resistance to change, digital illiteracy, double titling and vulnerability to hacking which could worsen already-existing disparities in tenure and land distribution. The paper further recommends that policy makers consider redistributing land where it is feasible and address power relations that underlie gender-based inequality over land access and control through structural reforms.