When Jane Ariyo John looks across the land she once feared she had lost forever, she sees more than fertile soil, she sees the fulfillment of a promise made to her late husband, John Ayuo Bwai, and a restored hope for her family. Her journey stands as a quiet victory that continues to inspire widows in her community in Southwest Kwabwai, Ndhiwa, Homa Bay County.
For years, Jane and her husband worked tirelessly to build a better future for their seven children. In 2008, her husband purchased a piece of land to supplement the small portion of ancestral land he had inherited from his father. The family cultivated the land for more than fifteen years, relying on it for food and income. However, after John became seriously ill and later passed away, tragedy struck again.
A neighbour who owned land adjacent to the family’s farm took advantage of the situation. Knowing that the land had not yet been formally registered in the family’s name, he allegedly moved to register it and forcefully pushed Jane and her children off the land they had occupied and farmed since 2008. The experience left Jane devastated.
“I cried many times because I felt like everything my husband had worked for was being taken away from us,” she recalls. “The land was our hope. It was the future of my children.”
As a widow raising seven children, Jane sought help through local administrative structures. She reported the matter to the village elder, chief, and Assistant County Commissioner. Several attempts were made to resolve the dispute, but the alleged grabber repeatedly avoided meetings and delayed discussions.
“The pain was not only losing the land,” Jane says. “It was watching someone take advantage of my husband’s death and believing I could do nothing about it.”
The challenge was compounded by deeply rooted cultural attitudes that continue to affect many women in parts of Kenya. In her community, women have traditionally faced barriers to land ownership, with some people maintaining that women cannot own land because they are married into families rather than born into them.
“Many widows suffer in silence because they are made to believe they have no rights,” Jane explains. “I almost lost hope because I had never been to court and did not know where to begin.”
Fortunately, the family still had the original sale agreement from 2008 and could identify the individual who sold the land to her husband. While local administrators advised her to seek legal redress through the courts, Jane lacked both the resources and knowledge to navigate the legal system.
A turning point came when she attended a land rights sensitization meeting organized by ActionAid Kenya. After the meeting, she approached the organization’s staff and shared her story.
“They listened to me with respect and gave me time to explain everything,” she says. “For the first time, I felt that somebody believed me and understood what I was going through.”
ActionAid Kenya supported Jane by providing ongoing education on land rights, as well as continuous encouragement and emotional support throughout her journey. The organization also assisted with follow-up processes and connected her with pro bono legal services. Through this support, Jane secured legal representation, enabling her case to be presented in court by a lawyer. Beyond legal assistance, ActionAid Kenya continued to provide guidance and psychosocial support, helping her navigate the challenges she faced throughout the process.
“They taught me that I had rights as a widow and that the law protects women,” Jane says. “That knowledge gave me courage.”
Although encouraged by her legal team, appearing in court remained an intimidating experience.
“My first day in court was frightening,” she recalls. “I had never stood before a judge before. I prayed constantly and asked God to give me strength.”
The case, filed in January 2025, proceeded through the legal system for nearly a year. Throughout the proceedings, Jane remained determined to pursue justice for her family.
Eventually, the court ruled in her favour after reviewing evidence, including the original sale agreement and proof of the family’s long-term occupation and use of the land.
The judgment ordered that the land be returned to the family and directed that succession proceedings be undertaken to facilitate its lawful registration.
“When I heard the court’s decision, I felt relief and gratitude,” Jane says. “It was proof that justice is possible, even for ordinary women like me.”
Today, Jane has regained access to the land and has resumed farming. She is currently undertaking the succession process as directed by the court and looks forward to the day when the title deed will officially bear her name.
“I cannot wait for the day I hold that title deed,” she says. “It will not only represent ownership of land; it will represent dignity, security, and the future of my children.”
Her victory has had an impact far beyond her own household. Inspired by her experience, Jane has become a community advocate for women’s land rights. Other widows increasingly seek her advice and support when facing similar challenges.
“I tell them not to give up,” she says. “Keep your documents safe, seek help, and know your rights. Being a widow does not mean you lose your voice or your property.”
Jane believes her story carries an important message for communities across Kenya.
“Women have rights under the law, and those rights must be respected,” she says. “No widow should be chased from her land simply because her husband has died.”
Kenya’s Constitution guarantees every person’s right to own property and protects individuals from arbitrary deprivation of property. The Constitution also prohibits discrimination based on gender and upholds equal rights for women and men.
The Matrimonial Property Act further recognizes women’s rights in matrimonial property and acknowledges both financial and non-financial contributions made during marriage, including farming, childcare, and household management.
Despite these protections, many widows continue to face land dispossession and inheritance-related challenges due to cultural practices and lack of awareness of their legal rights.
Jane’s successful court battle demonstrates that legal remedies exist and that women can claim and protect their land rights when supported with information, legal assistance, and community solidarity.
As she continues the succession process, Jane remains hopeful that her victory will encourage other women to stand up for their rights and pursue justice.
“My husband bought this land for our family’s future,” she says. “Today, that future is alive again. I thank God, for everyone who stood with me. My message to other widows is simple: do not lose hope. Justice is possible.”
Author: Ezra Kiriago, Communications Coordinator ActionAid Kenya.