dc.description.abstract | Land disputes, in most areas in Kenya is considerable because of population growth and the land
policies of the colonial government that introduced the individualization of land that was
previously communally owned. As individualization of land continues, so does the rise in land
related disputes. In many third world countries, especially in Africa, these land conflicts are
resolved through formal, informal and alternative justice institutions. Formal institutions are
those that are established by legislation while informal institutions are those local institutions
that are recognized by the local communities but are not supported by legislation. Alternative
justice systems means alternative from the judicial court system. Alternative Dispute Resolution
Mechanism (ADRM) combines both formal and informal system of dispute resolution.
The main objective of the study is to examine the role and efficacy of the Land Adjudication
Committee as an Alternative Dispute Resolution Mechanism. The study is based on a case study
of Narok County. A combination of qualitative and quantitative methods including interviews,
house hold surveys and secondary data were used to collect and analyze data on the nature of
land disputes and how these disputes are resolved. For the purpose of this study the conflict
transformation model of Kumar Rupensinghe (1994) and the Alternative Dispute Resolution
(ADR) Framework by Ramirez (2002) was employed.
The most prominent element in this study is that the Land Adjudication Committee as an
alternative dispute resolution system has been effective in handling land disputes in Narok
County. The study concludes by recommending that the Land Adjudication Committee should be
empowered so that they will have the capacity to adapt to the needs and preferences of the
modern society and thus administer justice efficiently. It also suggests the enhancement of the
LAC as an ADRM, by bestowing it with the power of execution being an organ hearing land
disputes at first instance rather than splitting this power to other organs. It also recommended
that sensitization and training of the local Land Committee should be conducted on the
significance of the alternative dispute resolution systems in addressing land disputes in Narok
County. | en |