Influence of Conciliation Dispute Resolution Mechanism on Sustainable Conflict Resolution in Bungoma County, Kenya

Abstract

Conciliation is a process in which the parties to a dispute, with the assistance of a neutral person, identify the disputed issues. Conciliation is the process by which one or more independent person selected by the parties to an agreement generally by mutual consent, either at the time of making the agreement or subsequently when a dispute has arisen between them, to bring about a settlement of their dispute through consensus between the parties by employing various persuasive and other similar techniques. This study sought to establish the influence of conciliation dispute resolution mechanism on sustainable conflict resolution in Bungoma county, Kenya. The study focused on identifying the various types of conflicts in Lwandanyi,Webuye and Cheptais Sub-Counties and the factors influencing the adoption of Alternative Dispute Resolution Mechanisms with specific focus on mediation. The study explored the place of ADR in conflict resolution and the extent to which ADR is utilized by leaders. The sample size was comprised of grass root leaders. Simple random sampling and stratified random sampling methods were used to pick the required sample size for the study from the targeted population. The required data was collected using questionaires and interview schedules. The study found that leaders in Bungoma County appreciate and make use of ADR mechanisms in conflict resolution. Mediation mechanism was commonly cited as being used by leaders in addressing various forms of conflict. The study also found that land disputes are the commonest of all conflicts. This was attributed to historical land injustices especially in Mt. Elgon region where politicization of land allocations in the former white settler farms has led to long standing conflict between the Bukusu and the Sabaot communities. The study also revealed that most land disputes were arising due to lack of land ownership documents and rampant corruption at the lands’ ministry was blamed for this state of affairs. Based on the study findings, it was recommended that the National and County governments take decisive action to address the land grievances of the Sabaot community to stop the inter clan fighting and leaders be trained and equipped with skills and competencies necessary for conflict resolution.

Keywords: Conciliation, Dispute Resolution Mechanism, Sustainable Conflict Resolution

DOI: 10.7176/JAAS/74-04

Publication date:July 31^st 2021