Institutional Capacity of Administration Police Service in Resolving Resource-Based Disputes in Kajiado County, Kenya
Loading...
Date
2023
Authors
Ibrahim, Fatuma Loko
Journal Title
Journal ISSN
Volume Title
Publisher
kenyatta university
Abstract
Police involvement in dispute resolutions has gained traction over time. Though not within its legal framework, disputes resolution is a culture in policing. Thus police provide essential services in out of court settlement of disputes. But does the institution have the capacity of resolving resource-based disputes? This study examined the formal capacity of the Kenya’s Administration Police, as a component of the criminal justice system, in utilizing alternative dispute resolutions mechanisms to resolve resources-based disputes in Kajiado County, Kenya. The study objectives were: to probe the fundamental basis of Administration Police Service Officers involvement in dispute resolution, to analyze the dynamics of resources-based disputes resolved by the Administration Police Service; to establish alternative dispute resolution strategies applied by Administration Police officers in ending disputes involving use of resources such as land and pasture; and to examine the factors that influence the capability of the Administration Police Officers in resolving resource disputes through Alternative Dispute Resolution in Kajiado County, Kenya. This study utilized three theories, namely; conflict theory, securitization theory, and efficiency theory to underpin the two variables of the study. Conflict theory explained the genesis of resources based conflicts, while the securitization theory underscored the importance of government in dispute resolution. The efficiency theory explained the institutional capacity of the police to handle resources based disputes. The research design adopted was cross sectional survey and explorative design. Target population of this study included: Administration Police Officers, residents of Kajiado County and judicial officers and other stakeholders in the justice sector. The sample size was 381 respondents derived from the target population. The key informants were selected using purposive sampling. The study used, interview guide, questionnaires as well as Focused Group Discussion to gather data. The researcher collected both quantitative and qualitative data. Quantitative data was analyzed and presented using descriptive statistics while qualitative data were analyzed thematically in line with the proposed research objectives. This study observed that the application of Alternative Dispute Resolution in resolution of conflicts is provided for in Kenya’s Constitution. The involvement of the police in Alternative Dispute Resolution is however not well expressed in existing legal framework but it is widely practiced. The common Alternative Dispute Resolution methods used by several institutions offering Alternative Dispute Resolution as well as the Administration Police are negotiation, mediation, arbitration and conciliation. However, the institutions of Administration Police is undersized in capacities to enable them effectively provide alternative justice. From the study findings, and conclusion, the study recommends for enhancement of institutional capacity of the Kenya Administration Police Service (KAPS) to undertake ADR in resolving resources-based disputes in Kajiado County, Kenya.
Description
A Research Project Submitted to the School of Law, Arts And Social Sciences In Partial Fulfilment of the Requirement for the Award of the Degree of Master of Arts in Peace and Conflict Management f Kenyatta University
Keywords
Administration Police Service, Resource-Based Disputes, Kajiado County, Kenya