An Evaluation of Alternative Dispute Resolution in Access to Justice: the Case of Family Disputes in Kibra in Nairobi, Kenya
Abstract
Alternative Dispute Resolution (ADR) is gaining popularity for resolving various types of disagreements among these; family, business, and natural resource-related disputes. The study aimed at assessing the effectiveness of the ADR Mechanisms in facilitating access to justice for family disputes among the residents of Kibra, an informal settlement in NairobiKenya. The study explored the impact of awareness of the ADR mechanism on and among family disputants; evaluated the relationship between the mechanism and its application in accessing justice. The study identified and discussed some of the challenges that face the mechanism especially in pursuit of justice in Kibra Nairobi County. The study's target population was 60 respondents that included (48) family disputants and (12) key informants (chiefs). The study employed a descriptive research design. Primary data was collected through questionnaires and interview schedules. Utilitarian theory was sued in the study which contends that the action that promotes human happiness should be supported.
The study established that 53% of Kibra residents are unaware of the ADR mechanisms that hinder their access to justice. Notably, 65% of females are aware of ADR compared to 35% of males' category in Kibra. Further study found that 56% of family disputants applied ADR mechanisms in resolving family disputes in Kibra. Notably, 70% of females applied ADR compared to 30% of male respondents in Kibra. The study found insignificant association at 5% significance level between the gender of respondents and ADR mechanisms awareness in Kibra, as denoted by (X2=1.092a, df=1, P Value =.296, at P>.05). Further, study found a significant association at 5% significance level between the gender of respondents and the application of ADR mechanisms by family disputants in Kibra, as denoted by (X2=6.689a, df=1, P Value =.010, at P<.05). The study identified challenges faced by family disputants like ADR outcomes may be unsatisfactory at 44%. Case facts may not be fully disclosed (mistrust) at 28%, unfamiliarity with the ADR process (poor communication) at 17%, and difficulty deciding on suitable methods at 11%.
The study concluded that most family disputants are unaware of ADR in resolving family disputes. The study also concluded that the majority of females applied ADR compared to the minority of the male category in Kibra. Finally, the study recommends that the Kenyan government needs to enhance community awareness of ADR in urban informal settlements. Policymakers should regularly review ADR policies to strengthen family disputants' access to justice in Kibra, Nairobi County.
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
- Faculty of Arts [751]
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