The influence of utilization of alternative dispute resolution mechanisms by leaders on sustainable conflict resolution in Bungoma county, Kenya
Abstract
The purpose of this study was to assess the influence of utilization of alternative
dispute resolution mechanisms by leaders on sustainable conflict resolution in
Bungoma county, Kenya. The study focused on identifying the various types of
conflicts in Lwandanyi,Webuye and Cheptais Sub-Counties and the factors
influencing the adoption of Alternative Dispute Resolution Mechanisms with
specific focus on mediation,negotiation,conciliation and arbitration.The study
explored the place of ADR in conflict resolution and the extent to which ADR is
utilized by leaders.The sample size was comprised of grass root leaders
Simple random sampling and stratified random sampling methods were used to
pick the required sample size for the study from the targeted population.
The required data was collected using two instruments.These were Questionaires
and interview schedules
The study found that leaders in Bungoma County appreciate and make use of ADR
mechanisms in conflict resolution.Mediation and negotiation mechanisms were
commonly cited as being used by leaders in addressing various forms of conflict.
The study also found that land disputes are the commonest of all conflicts.This was
attributed to historical land injustices especially in Mt. Elgon region where
politicization of land allocations in the former white settler farms has led to long
standing conflict between the Bukusu and the Sabaot communities.The study also
revealed that most land disputes were arising due to lack of land ownership
documents . Rampant corruption at the lands ministry was blamed for this state of
affairs.
The study also found that most land disputes were increasingly being addressed
through alternative dispute resolution mechanisms and out of court settlements due
to lengthy and costly litigation processes in the corridors of
justice.However,capacity gaps in ADR operationalization were glaring.Most of the
leaders interviewed in this study lacked technical capacity in ADR.
The County and national governments were also found to have failed in laying
down systems and structures for operationalization of ADR .Inorder to address land
disputes emananting from lack of clear ownership of land ,the lands ministry needs
to improve service delivery .Corruption perpetuated by officers at the lands office
must be stopped.Land allocations in the former white settler areas of mt. Elgon
should be delinked from politics as this is was cited to be the root cause of
unrest.The national and County government must take decisive action to address the
land grievances of the Sabaot community to stop the inter clan fighting .leaders
must be trained and equipped with skills and competencies necessary for conflict
resolution.
Citation
Master Of Arts Degree In Project Planning And Management, University Of Nairobi, 2014Publisher
University of Nairobi
Collections
- Faculty of Education (FEd) [6020]