Arbitration as a Tool for Management of Community Land Conflicts in Kenya

Abstract

The Constitution of Kenya 2010 recognizes the principle of promoting alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms by courts and tribunals when exercising judicial authority.1 While this provision is not specific on the kind of disputes and conflicts to be submitted to alternative forms of dispute resolution, there are other provisions that contemplate such disputes or conflicts as including community land conflicts. For instance, the Constitution also requires that land in Kenya should be held, used and managed in accordance with the principles of, inter alia, encouragement of communities to settle land disputes through recognized local community initiatives consistent with the Constitution.2 Notably, one of the recognised classifications of land under the Constitution is community land.3