The Role and Efficacy of the Land Adjudication Committee as an Alternative Land Dispute Resolution Mechanism in Narok County

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.