The Constitution defines a “marginalized group” as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the following grounds; including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
The Constitution defines a “marginalised community” as ; 1. A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; or 2. A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; or 3. An indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or 4. Pastoral persons and communities, whether they are nomadic or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.
Orphans have the right to access and use their parents land and property whether or not it is held in trust by an appointed and responsible adult member of the immediate family. Upon reaching the age of 18, they have the right to be registered as the rightful owners of land and the properties previously held by their deceased parents.
A ‘child” means an individual who has not attained the age of eighteen years in Kenya. Generally, children cannot own land or property in their own right as children. However, land and property can be held on trust for their benefit and use.
• Women have a right to acquire and own land whether individually or as a group. • Daughters have the right to inherit their parents’ land and property. • Women have a right to be elected and or appointed into land governance institutions. • Married women have the right to joint ownership of land and property acquired during marriage. • Married women have the right to transact on land in consultation with their husbands and vice versa. • Widows have the right to inherit their deceased husband’s land and property.