ADR as a viable tool in land conflicts: a Kenyan Perspective
Geoffrey Nyamasege, Muhammad Swazuri, Tom Chavangi
Land is a popular asset among a diverse array of citizens and organizations in Kenya. It is a key driver of socio-economic development in the society and the country at large. This is in view of the fact that land has a great potential for economic growth of a country. Individuals, communities and organizations have over the years embarked on investing in land. Currently there are increased trends on the levels of investments and or grabbing of lands for the same purposes. In Kenya, the land sector has been a key driver of the social economic development and as such heavily invested in. This practice on one hand, has allowed genuine investment. On the other hand, this practice has witnessed a high rate of land grabbing by individuals and even organizations. As a result, conflicts have been increasingly acknowledged, a critical factor to the attainment of secure land tenure rights, development, peace-keeping and peacebuilding. In addition, cases resulting from these conflicts have been dragging in courts for years. People are now tired of going to courts to seek redress and justice. This paper seeks to discuss the use of ADR as a viable tool in land conflicts resolutions in Kenya. The paper points out outstanding challenges and opportunities brought about through the application of ADR mechanisms. This paper also provides practical approaches to application of ADR in conflict resolutions. The way forward and conclusions sections draws attention to further research besides offering helpful insights with an aim to aid in resolving land conflicts and even other conflicts outside the land sector. The application of ADR in delivering justice remains researched on and forms a key element in both information seeking and knowledge sharing.
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