Kenya’s new Constitution guarantees all Kenyans the right to access justice, recognizes customary justice institutions to the extent they do not violate the Constitution, and prohibits gender discrimination in land matters. These provisions form the basis for the USAID-supported Kenya Justice Project, which piloted a model for improving women’s access to customary justice as a means to strengthen and enforce women’s land rights. An impact evaluation of the pilot found significant and large improvements in women’s knowledge of their rights, women’s confidence in the dispute resolution process and outcomes, men’s respect of women’s rights, and modest improvements in physical and social accessibility of the local justice system for women.
This paper describes one effort to improve customary justice systems’ enforcement of women’s formal rights to land in Kenya: the pilot project Enhancing Customary Justice Systems in the Mau Forest, Kenya. Based on the pilot results and evaluation findings, this pilot demonstrates that the typically all-male customary institution, which holds power over its people and seemingly deeply entrenched biases against women, can transform itself into an institution that recognizes and enforces constitutional rights, including women’s land rights.
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Last updated January 30, 2013.
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Last updated: May 25, 2018
Welcome to the grassrootsjusticenetwork.org website (the “Site”) and the Grassroots Justice Network forum (the “Forum”), operated by Namati, Inc., a Delaware corporation (“Namati”, “we”, “us” or “our”). We share your concern about the protection of your personal information online. This privacy policy (“Policy”) describes how we maintain the privacy of the personal information we collect online in connection with the Site and Forum.
This Policy describes our privacy practices and sets out your obligations and ours with respect to your use of the Site and the Forum. This Policy applies only to the Site and the Forum and does not necessarily apply to our offline collection of information.
By using the Site and/or Forum, you agree to abide by the terms of this Policy and the terms of use (the “Terms”) and you consent to our using any information that you provide to us or that we collect, in accordance with the terms of use and the terms and conditions of this policy. If you do not agree to this policy and the terms, do not use the site.
Namati may collect and retain two types of information about Site and Forum visitors: (i) personal information that individual visitors voluntarily provide when interacting on the Site or Forum or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is data that is automatically collected from every Site and Forum visitor as they use and browse the site.
We may, from time to time, store and archive the information you submit to or through the Site and Forum. The information that we gather may include your name, title, and address, telephone number, email address, credit card number or other elements of personal information. In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein.
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In addition to the information you submit to or through the Site and Forum, we also may collect and store data from and about you gathered in the course of your use of the Site and Forum. We call this “tracking data.”
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Our use of your Information involves various forms of communication with you, including:
We will not disclose any personal information to third parties, except:
Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information.
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The current list of third-party service providers we use include:
Akismet
Reduces spam posts on the Forum.
Privacy notice: https://automattic.com/privacy/
Amazon Web Services
Stores backups for the Site and the Forum.
Privacy notice: https://aws.amazon.com/privacy/
Digital Ocean
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Privacy notice: https://www.digitalocean.com/legal/privacy/
Google Analytics
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Privacy notice: https://www.google.com/analytics/terms/
GoToWebinar
Online service for organizing and hosting webinars.
Privacy notice: https://www.logmeininc.com/legal/privacy
MailChimp
Provides mailing list and mail server services for sending newsletters, Forum notifications, and weekly email summaries.
Privacy notice: https://mailchimp.com/legal/privacy/
Salesforce
Online service providing contact management system.
Privacy notice: https://www.salesforce.com/company/privacy/
WP Engine
Provides cloud servers for hosting the Site.
Privacy notice: https://wpengine.com/legal/privacy/
Zapier
Online service to automate adding member data to Salesforce.
Privacy notice: https://zapier.com/privacy/
Personal information you submit via your member account, other than information provided or content posted by you to public areas of the Site as described below, is deleted from Namati’s records following the deletion of your account. However, such information may continue to be retained by third-party service providers to which it has been disclosed for one of the reasons listed above.
Your Information is stored on Digital Ocean servers in New York, USA.
We take reasonable precautions to protect your information from loss, misuse or alteration. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your information. In addition, because Internet communications are unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent possible under law, any liability associated with any claim relating to a breach of security, data or information.
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The Forum uses data about your posts and other activity to make automated decisions about whether your posts are spam.
The Forum may also use data about your posts and activity to award you badges and calculate a trust level for your account. Your trust level may affect how you can participate in the Forum, such as whether you can upload images, as well as give you access to moderation and management powers in the Forum. Your trust level, therefore, reflects Forum administrators’ confidence in you, and their willingness to delegate community management functions, like moderation.
From time to time, we may email users of the Site or the Forum information regarding important developments affecting Namati and/or the Global Grassroots Justice Network. We may also email users on occasion regarding the Site or the Forum. Such emails may be sent to users of the Site or Forum even if they have not requested to receive any communication from us.
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The Site and the Forum may contain links to websites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies and terms of use of those sites prior to providing them with any information.
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Because Namati is concerned about the privacy protection of children who access the Internet, we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site and Forum are not intended for use by anyone under the age of 13, and we do not knowingly collect information from anyone under 13 years of age without the consent of a parent or guardian.
We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The section titles in this Policy are for convenience only and have no legal or contractual effect.
The Site, the Forum, and any third party services they use, may be subject to additional terms and conditions regarding privacy and use of information. Your use of the Site and the Forum is subject to those terms and conditions, which are incorporated into this Policy by reference. In the event of an inconsistency between this Policy and any additional posted conditions, the provisions of the additional conditions shall control.
We may need to change the Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy, and your continued use of the Site subsequent to any changes to this Policy will mean that you agree to and accept such changes. You can tell if the Policy has been updated by checking the last revised date posted on the top of this page.
You can access, remove, update or correct your information in your Site profile and your Forum profile.
You can also access, remove, update or correct your information, and raise any questions or concerns regarding the Site or the Policy, by emailing privacy@namati.org, or mailing:
Namati Data Protection Officer
1616 P Street NW, Suite 101
Washington, DC 20036, USA
If you live in a country which has adopted the General Data Protection Regulation (EU; 2016/679), you have a right to lodge a complaint with your relevant supervisory authority about this policy and its application.
The Policy was updated in May 2018 to comply with the General Data Protection Regulations.