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Abstract:
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his 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 CountyKenya. 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. |