Access to Justice Regarding Property Rights for Widows: A Case of Three Wards in Nairobi City County, Kenya

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Date
2019-08
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Tangaza University College
Abstract
The problem investigated by this study was access to justice regarding property rights for widows in Kasarani, Kibera and Kayole wards in Nairobi City County. The injustice suffered by widows in Kenya casts doubts on the equality envisioned in the Constitution of Kenya (2010) and its contribution to sustainable development of the society. This study employed the descriptive research design and made use of the mixed method design as both qualitative and quantitative data was required to provide more comprehensive as well as substantive data. The researcher used questionnaires, interviews and focus group discussions to gather both qualitative and quantitative data. Content analysis was used to analyze qualitative data through identification of themes concerning challenges affecting widows as they access justice, cultural factors that facilitate the social exclusion of widows, and assess knowledge of existing laws and institutions that may assist the widows. The main objective of this research was to find out the specific areas and strategies that the widows could use to contribute towards property rights and social inclusion for social transformation. The study identified the barriers that stop widows from accessing justice and explored the levels of awareness and avenues of seeking legal redress among widows. The researcher further proposed that if there are interventions by significant others government, NGOs and CBOs, the family, religious institutions- the problem of inaccessible justice would greatly reduce if not eliminated altogether.
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Keywords
Property, Rights, Widows, Access, Justice
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