Two major approaches on how to addresswomen's land security can be identified: reforming theformal legal sector, and embracing informal communitypractices. However, through research conducted amongKenya's agricultural communities, the authors find thatthese systems formal, informal, or hybrid are underpinned(and undermined) by the same local power dynamics thatcontrol and ultimately prevent women from obtaining land,leaving all of these systems inadequate in ensuringwomen's access to land. Community leaders play a keyrole not only as local power brokers, decision makers, andprotectors of local practices, but also as gatekeepers tothe formal system. Thus, their decisions to support localpower dynamics and limit access to the formal systemessentially supporting traditions? in lieu of rights caneffectively deny women access to their land rights. Based onthese findings, the authors argue that the policy debatemust shift away from pitting formal legislative approachesagainst support for 'customary' systems. Witheconomic and political contexts influencing individuals, thedebate must look at the social context within communities,whose members must be pressed to reject attempts to'hijack' custom and legitimize abusive,self-serving behavior. This problem needs to be tackledusing the same avenues that currently promote themarginalization of women, that is, the sociocultural valuesystems that determine which behavior, arguments, andactions are legitimate in a community. By working withexisting positive values, the justice system used formal orinformal becomes less important and a lasting, positivechange on women's access to land rights might be achieved.
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