Influence of Traditional Justice System on Effective Conflict Management in Muhoroni Sub County, Kenya
Abstract
Across the world, communities have been using different traditional methods in resolving
disputes and managing various types of conflicts. In most instances, formal judicial
systems are considered by disputants as foreign, expensive, and lead to social
fragmentation and further animosity among members of same community. While studies
reveal the importance attributed to this judicial system in managing conflicts in Africa,
there is need for a study to establish its contribution to conflict management among
communities in Kisumu County. The purpose of this study was to establish the influence
of traditional justice system in conflict management in Muhoroni Sub County of Kisumu
County. Specific objectives were to examine appropriateness of different methods of
traditional justice system used for conflict management; to identify different forms of
common conflicts which are managed by traditional justice system; and to establish the
influence of different methods of traditional justice system on the management of various
forms of common conflicts in Muhoroni Sub County. A qualitative research design was
adopted on a target population comprising of all the assistant chiefs and 45 village elders
responsible for the maintenance of peace in the Sub County. Census and purposive
sampling technique were used to select 15 assistant chiefs and 9 village elders
respectively, as the sample size of the study: making a total of 24 respondents. Data was
collected using interview schedule and observation guides, and data analysis was done
through thematic methods. It was found that negotiation is the main methods used for
conflict management by the sub location and village administrators, while cattle rustling
are the main types of conflict that often occur among the community members. Similarly,
the study revealed that traditional justice system influences cohesion among community
members. It was recommended more training on mediation, negotiation, and should be
done to sub location and village administrators to enhance skills in this system; reporting
mechanisms should also be prompt (immediately a particular offence takes place), more
centres for mediation, negotiation, and conciliation should be opened so as to enable as
many people as possible access to this service. For further research, the researcher
recommends for the following studies to be done: Influence of hybrid (formal and
informal) justice system on the management of conflict; and the influence of traditional
justice system on human rights enhancement.
Publisher
University of Nairobi