Applicability Of Alternative Dispute Resolution Mechanisms In Peace Building In Meru And Kwale Counties, Kenya

Abstract

The practice of alternative dispute resolution can be traced from ancient times in many countries. In Meru and Kwale Counties, alternative dispute resolution mechanisms have not been effective and efficient in sustaining peace building despite their being inherent in community cultures. This study assessed the applicability of alternative dispute resolution mechanisms and peace building in Meru and Kwale Counties in Kenya. The objectives of this study were:To examine the composition of actors involved in alternative dispute resolution mechanism for peace building in Kwale and Meru Counties.to assess the influence of interests of actors involved in altenative dispute resolution mechanism for peace building in Kwale and Meru Counties. To establish the positions taken by actors involved in altenative dispute resolution menchanism for peace building in Kwale and Meru Counties.To achieve these objectives, a descriptive survey research design was employed where a sample of 94 respondents was selected by stratified and random sampling from a target population of 312. Primary data was collected using questionnaires, key informant interviews and Focused Group Discussions (FGDs).Quantitative data Collected was analysed using descriptive statistics while qualitative data was analysed thematically. Analysed data were presented in tables and figures.The study found out that council in both counties councils of have structures. Further, the study established that, the structural composition of council in Meru County (Njuri Ncheke) was slightly more established and organized 94.9% than Kwale County (Kaya) 90.9 %. Further, the study found out the councils has a well-defined structure with clearly spelled out roles. The study established that cultural interests wereobserved in both Counties during conflict resolution. The study further identified that cultural interests were slightly more applied in Meru County 94.6% as compared to 81.8% in Kwale County. Additionally, the study found out that in both ADR actors do not have self-interest when solving disputes. Further, the study found out that lack of self-interest in disputes resolution was more in Meru 94.6% than in Kwale County 90.9%.The study established that, in both counties the application of ADR in solving conflicts has standards/ codes. Further, the study established that Kwale County had slightly more standards 84.8% as opposed to Meru County 83.8%. The study found out that, in Meru County ADR actors had unanimous positions on 67.6 % of the matters before them, while 32.4% had contradictory positions. On the other hand, the study noted that in Kwale, County 72.7 % of matters before the Kaya council get a unanimous position.The study concluded that councils in both counties have structures. Further, the study concluded that, the structural composition of the council of elders in Meru County (Njuri Ncheke) was more established and organized than Kwale County (Kaya). Aslo,the study concluded that in Meru County the council deals mostly with disputes related to domestic disputes/violence, land, miraa farm destruction while Kwale County the Kaya council deals with destruction of Kaya forest among others. Additionally, the study concluded that in Meru County, members of the Njuri Ncheke are men and women of integrity, higher molarity, rich free from any corrupt dealing in the society.Kinyua (1970) said,despite the fact that one could find a poor man in Njuri Ncheke,it was impossible to find a wealthyfool in it. Further, it was concluded that, cultural interests were applied more in Meru County as compared to Kwale County. The study recommend that structure of councils to be more inclusive with well-defined spelled out roles. Further, the study recommended that the kaya council of elders to include women in their composition.