Managing natural resource conflicts in Kenya through negotiation and mediation
Abstract
With the promulgation of the 2010 Constitution of Kenya, the use of Alternative Dispute Resolution
(ADR) mechanisms and Traditional Dispute Resolution Mechanisms (TDRMs) in managing natural
resource conflicts was formalised. The Constitution envisages a situation where conflicts, and specifically the
natural resource ones, should first be dealt with using ADR and TDRMs and only resort to court where
necessary. Communities are required to make legitimate attempts to resolve the matter using the most
appropriate mechanisms available to them. Despite this, there has not been evidence of genuine attempts at
taking up these processes in managing natural resource conflicts, which are still prevalent and a cause of
concern. While singling out negotiation and mediation, the author examines the opportunities that ADR
mechanisms and particularly negotiation and mediation present in realising the goal of effective
management of natural resource conflicts in Kenya through discussing the advantages associated with the
processes and why they may be the most preferred means of natural resource conflict management.
Citation
Muigua, Kariuki. "Managing Natural Resource Conflicts in Kenya through Negotiation and Mediation." (2016).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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