Men and Women’s Participation in Alternative Dispute Resolution Mechanisms in Kapsokwony Bungoma County, Kenya
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Date
2020-08
Authors
Muthama, Benson Mutuku
Journal Title
Journal ISSN
Volume Title
Publisher
Kenyatta University
Abstract
Alternative Dispute Resolution (ADR) mechanisms have become a popular means of
settling disputes outside court systems both locally and internationally. In Kenya, they are
anchored in state laws and policies. This study assessed men and women‟s participation
in the process of resolving community conflicts through ADR mechanisms in
Kapsokwony, Bungoma County. The study objectives were; examine various types of
conflicts and the existing ADR mechanisms employed by men and women to resolve
community conflicts, explain the levels of participation of both men and women in
resolving community conflicts using ADR mechanisms, discuss gender related factors
that compromise men‟s and women‟s participation in resolving community conflicts
through ADR mechanisms and to identify effective gender responsive strategies to foster
equality and inclusiveness in resolution of conflicts using ADR mechanisms. Guided by
the Peace Research theory, Social Exclusion theory and theory of Participation, the study
adopted a descriptive survey research design. The sample size for the research was 384
respondents. The respondents were selected using both probability and non-probability
sampling techniques, notably through random and purposive sampling methods.
Emphasis was put on the fact that the respondents were part of Nyumba Kumi system in
Kapsokwony. Data was collected using three instruments, namely, questionnaire,
interviews and FGD guide. Data analysis was done using descriptive statistics, crosstabulations, frequencies, and correlational analysis. Qualitative data was analysed
thematically. The study found that various types of conflicts are experienced by the
residents of Kapsokwony. Findings also revealed that ADR mechanisms are used to
resolve community conflicts despite people‟s limited knowledge about them.
Furthermore, despite the adoption of the 2010 Kenyan Constitution, the establishment of
the National Gender Equality Commission and other relevant gender equality institutions
are yet to be set up. Moreover, Kapsokwony women are yet to be fully integrated in
conflict resolution; indeed, the levels of women‟s participation are still lower than men.
The study recognized the combination of causal factors as consisting of retrogressive
cultural customs and practices, lack of control over dispute resolution mechanisms and
low education levels. Other factors included religious beliefs and gender perceptions that
conflict resolution was the responsibility of men. The remedies comprised adopting and
implementing varied but effective gender responsive strategies. In this regard, the study
provided five recommendations, namely; the need for legislative reforms with the view of
sealing existing gaps on policies and legislation; the implementation of the 2/3 gender
policies, coupled with the enforcement of laws and policies pertaining to gender equality
by the relevant authorities both at the National and County levels. Besides, the study
highlighted the need to also implement a comprehensive framework on civic and
empowerment education programmes on crosscutting issues. These could aid in
achieving individual and community social change. This in turn would help to put an end
to harmful long-standing practices against women in Kapsokwony and capacitating them
on aspects related to conflict resolution. Finally, the study recommended that women be
included as active members of peace committee domiciled at the sub-county level. In this
regard, the study strongly suggests that the membership of such committees should not
only embrace women‟s participation but gender parity as well.
Description
A Research Thesis Submitted to the School of Humanities and Social Sciences in Partial Fulfilment of the Requirements for Award of the Degree of Master of Arts (Sociology, Gender and Development Studies) of Kenyatta University August, 2020
Keywords
Men, Women’s, Participation, Alternative Dispute Resolution, Mechanisms, Kapsokwony, Bungoma County, Kenya