A Case Study on the Application of Alternative Dispute Resolution Mechanisms in the Nandi-luo Communities’ Border Conflict

Abstract

The study explores the use of Alternative Dispute Resolution (ADR) mechanisms in the Nandi-Luo communities’ conflict. The study identified that the application of ADR mechanisms has not yielded a permanent solution between the two communities. The study therefore examined the manner in which ADR has been previously applied with the aim of identifying the gaps and make recommendations as to how ADR could be used effectively. In discussing the statement problem, data was collected from both field work and desk review. The data collected was then analysed and extracted in order to fulfil the objectives and answer the questions of the study. The research made a justification that the findings of the study would go a long way in helping the development of law and policy in ensuring that the application of ADR resulted into plausible and permanent solution to the conflict. The study was informed by the sociological school of thought and African jurisprudence in discussing the theoretical framework and conceptualization of ADR in conflict resolution.In analysing the data collected, the study made an argument for the conceptualization of ADR in solving conflicts. The study placed the application of ADR as an entitlement provided under the Constitution of Kenya, 2010 which seeks to enable access to justice; promote restorative justice; enhance social cohesion and provide an avenue for enjoyment of communal rights. The study found that the application of ADR in the Nandi-Luo communities’ border conflict is marked with inconsistency and uncertainty on procedures to be followed. Notable challenges involved lack of policy and legal procedures on how ADR mechanisms like traditional dispute resolution mechanisms would be documented to serve as a reference ground on future discussion. Others findings include the uncertainty involved in language barrier between the two communities and high levels of illiteracy which affect desired understanding. The study made short and long term recommendations on how the use of ADR could be fostered so as to achieve the desired results. Short term recommendations provide for measures which should facilitate community participation and ownership of the processes while long term recommendations explore how legislative assemblies and executives could design laws and bodies which should record and oversee the implementation of resolutions.