Rona Foundation Blogs

Siaya, like all the 47 counties in Kenya, have failed to address the plight of widows even with the devolution frameworks under the 2010 constitution; leaving many widows exposed to retrogressive cultural practices, economic and sexual exploitations that leave them destitute. Recognizing these challenges, the Siaya County Government, in collaboration with Rona Foundation and other CSOs, has been reviewing the cabinet adopted Siaya Widows Protection Bill 2024 for enactment. A groundbreaking legislation seeking to protect widows with a fund and devolved support systems.

To refine the bill and ensure it adequately addresses widows’ needs, a stakeholder review and storytelling forum was convened in Kisumu with widows, male champions, policy experts, and duty bearers. The forums, led by Dr. Edgar Otumba, CECM Education, Gender and Social Services and Maida Nyawade, the Director – Gender Department – strengthened the bill and incorporated the lived experiences of widows.

Key improvements agreed upon, included the establishment of a Widows Welfare Plan and the Directorate of Widows Affairs, for the purposes of overseeing the bills’ implementation.

While the bill, along with other existing laws, affirms widows’ rights to inherit their late husbands’ property, many widows shared how cultural opposition continues to undermine legal protections. They stated ways in which customary laws often take precedence over statutory laws, leaving them vulnerable. “Widows are our mothers, sisters, and wives. In our lifetime, we owe it a moral duty to protect them. Let us improve and pass this law”, emphasized Dr. Edgar Otumba.

Perez Omondi, a widow from Bondo, shared her experience: “I had been married for 30 years, but when my husband died, his brothers took everything. The law was on my side, but no one enforced it. I had to start from scratch with my 3 children.” Similarly, Rosemary Owino, a widow from Alego, lamented lack of legal redress highlighting the dangers of ‘no penalties’ on widowhood practices forcing many widows into dependency or exploitation. “Without land or capital, how do you expect a widow to survive? Many of us end up being rejected and exploited just to put food on the table,” she said. She further described how widows are subjected to humiliating customary practices under the guise of avoiding “taboo violations,” which are only imposed on women.

The widow storytellers emphasized that, while existing laws provide legal protections on paper, the reality on the ground is vastly different. Legal aid is scarce, court processes are expensive, and widows in rural areas face insurmountable challenges in seeking justice. With these many participants supported the establishment of ward-level committees to enhance reporting of widow cases. Pauline Oketch, a child-free widow from Ugenya, shared her experience: “I reported my case to the police, but I was told to bring witnesses. Who would testify against my in-laws? Justice remains a privilege for the wealthy and those with children.”

Stakeholders at the meeting acknowledged that without addressing the deep-rooted cultural beliefs surrounding widowhood, the bill’s implementation may be resisted at the community level, even by the very widows it seeks to protect. Mzee Alfred Aput, a male champion and village elder, emphasized the need for men to be part of the solution, stating: “If we do not challenge outdated customs, no law will protect widows effectively.”

The harsh realities of widowhood were further illustrated by Pauline, a widow from Ugenya, who shared: “The entire family agreed that my stepson must inherit me. I refused, and he would beat me up until I could not walk. Where was I supposed to go? Who would help me?” Stories like hers reinforced the urgent need for protection mechanisms, under this bill.

To ensure the bill fully protects widows, stakeholders recommended the establishment of directorate of Widows Affairs, Widows Welfare Committees at the county and ward levels to oversee the implementation of widow protection policies. Also, the creation of the Widows Welfare Fund, which would provide financial and programming support.

Also, stakeholders improved aspects of economic empowerment programs, such as vocational training and social protection measures, to be established under this bill for widows’ financial independence.

Overall, the Siaya Widows Protection Bill 2024 presents a transformative opportunity to uplift widows by securing their legal rights, economic independence, and social dignity. Existing gaps noticed, included scanty data on widows across Siaya villages. Also the urgent need for regulations to guide operalition of the bill. And as Roseline Orwa, widow and director of Rona Foundation, aptly put it: “This bill is not just about me. It is about every woman who will one day walk this path. Siaya must get it right.”

Zubeda Okuta, Stephany Odhiambo, Programs Officer & Roseline Orwa, the Founder & Director of Rona Foundation. And an Aspen New Voices Fellow 2021, and a Storyteller with The Moth Africa. She tweets @Roseline Orwa.