Alternative Dispute Resolution Mechanisms as a Tool for Dispute Settlement in the Devolved Governance System in Kenya
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Date
2018Author
Gathumbi, Gabriel K
Type
ThesisLanguage
enMetadata
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The Constitution of Kenya, 2010 establishes a devolved governance system comprising
two levels of government namely; the national and county governments which are
distinct and interdependent and required to conduct their mutual relations on the basis of
consultation and cooperation. Under the system, citizens participate in their governance
by exercising their sovereignty, either directly or indirectly through elected and appointed
representatives. To operationalize the new system of governance, the Constitution has set
up institutions and has allocated responsibilities and powers respectively. However, due
to the distinct and interdependent nature of the two levels of government and the manner
of their institutional and functional assignment, the Constitution has provided a system of
intergovernmental relations including alternative dispute resolution methods for resolving
disputes that avoid litigation in the first instance.
The implementation of the devolved governance system has registered a number of
achievements since March, 2013 among them being; enactment of relevant laws, the
operationalization of county government structures, transfer of functions and
responsibilities as well as the allocation of resources. Amidst these successes, a number
of challenges have emerged which if not adequately addressed may undermine the
implementation of devolution. However, the framework for the settlement of
intergovernmental disputes envisaged in the constitutional and statutory provisions has
not been put in place.
This study makes a case for the adoption and promotion of alternative dispute resolution
methods to address intergovernmental disputes and prevent judicial intervention by riding
on its advantages while acknowledging its inherent limitations. Hence, the formulation of
a legal and policy framework to operationalize the constitutional provisions for
promotion of ADR in intergovernmental dispute settlement, ensuring consistent respect
for the principle of the rule of law as well as consultation and cooperation will foster the
achievement of the objects of the devolved governance system in Kenya.
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
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