Alternative Justice System and Resolution of Disputes in Isiolo County, Kenya
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Date
2025-04
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Kenyatta University
Abstract
Many Kenyan communities rely on non-formal justice systems for fairness alongside established legal frameworks, but face several challenges. There are also concerns that some outcomes of these alternative systems may violate human rights and constitutional provisions. This research aimed to explore the impact of reconciliation, mediation, and alternative dispute resolution on conflict resolution in Isiolo County, grounded in restorative justice theory. A descriptive research design was used, targeting a population of 1,600 individuals, including Borana elders, council members, residents, pastoralists, village elders, and the area chief, with a sample size of 160 (10% of the target population). Both random and stratified sampling methods were utilized to collect quantitative and qualitative data through questionnaires and interviews. The data analysis was conducted with the Statistical Package for Social Sciences (SPSS version 26), employing both descriptive and inferential statistics, including regression analysis. The researcher obtained permits from relevant authorities, such as NACOSTI and the county director of education. Participants were informed about the study's purpose and guaranteed anonymity, privacy, and confidentiality, using pseudonyms when necessary. The findings indicated that alternative justice systems positively impact peace, relationship restoration, and conflict resolution. Community forums and facilitated dialogues helped individuals’ express grievances and collaboratively seek solutions. The study concluded that these systems enhance social cohesion, build trust, and prevent conflict escalation in Isiolo County. Involving community elders and the area chief in the resolution process further strengthens these systems. The study recommends that government agencies collaborate with community organizations and traditional leaders to promote awareness of reconciliation, mediation, and negotiation. Additionally, it advises the government to invest in outreach programs to educate the public about the benefits of alternative justice systems and encourage their participation in non-adversarial conflict resolution.
Description
A Research Project Submitted to the School of Arts, Law and Social Sciences in Partial Fulfillment of the Requirement for the Award of Degree of Masters of Arts in Public Policy and Administration at Kenyatta University, April, 2025
Supervisor;
1.Edna Moi