Influence of Indigenous Conflict Resolution Mechanism On

INFLUENCE OF INDIGENOUS CONFLICT RESOLUTION MECHANISM ON

LAND USE MANAGEMENT INPOKOT CENTRAL SUB-COUNTY, KENYA

LOMUK MUSTO JOHN

B.A Political Science and Public Administration (Kisii University)

A THESIS SUBMITTED TO THE SCHOOL OF POST-GRADUATE STUDIES

IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE

OF MASTER OF ARTS IN PUBLIC ADMINISTRATION AND PUBLIC

POLICY OF THE FACULTY OF ARTS AND SOCIAL SCIENCES,

DEPARTMENT OF POLITICAL SCIENCE AND PEACE STUDIES, KISII

UNIVERSITY

NOVEMBER, 2018 DECLARATION

STUDENT’S DECLARATION

This research thesis is my original work and has not been presented for award of any degree in any other University.

Signature: …………………………. Date: ………………………….

LomukMusto John

REG: MAS15/60047/14

SUPERVISOR(S) DECLARATION

This research thesis has been submitted with my approval as the university supervisor.

Prof. Edmond Were

Department of Political Science and Peace Studies

Kisii University

Signature: ………………………… Date: ……………………………………..

Dr.Daniel RotichKandagor

Department of Philosophy and Religious Studies

Kisii University

Signature: ...... date ………………………………

PLAGIARISM DECLARATION

DECLARATION BY STUDENT I. I declare I have read and understood Kisii University rules and regulations, and other documents concerning academic dishonesty. II. I do understand that ignorance of these rules and regulations is not an excuse for a violation of the said rules. III. If I have any question or doubts, I realize that it is my responsibility to keep seeking an answer until I understand. IV. I understand I must do my own work. V. I also understand that if I commit any act of academic dishonesty like plagiarism, my thesis/project can be assigned a fail grade (“F”). VI. I further understand I may be suspended or expelled from the University for Academic Dishonesty. ______LomukMusto John Date MAS15/60047/14

DECLARATION BY SUPERVISOR (S) I. I/We declare that this thesis has been submitted to plagiarism detection service. II. The thesis contains less than 20% of plagiarized work. III. I/We hereby give consent for marking. ______Prof. E.M Were, PhD Date Department of Political Science and Peace Studies, Kisii University ______Dr. Daniel RotichKandagor, PhD Date Department of Philosophy and Religious Studies Kisii University

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DECLARATION OF NUMBER OF WORDS

Name: LomukMusto John MAS15/60047/14

Faculty: Arts and Social Sciences

Department: Political Science and Peace Studies

Thesis Title:

......

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1) The thesis including footnotes, is……………2) the bibliography is………………. and, if applicable, 3) the appendices are………………………………………………

I also declare the electronic version is identical to the final hard bound copy of the thesis and corresponds with those on which the examiners based their recommendations for the award of the degree.

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I confirm that the thesis submitted by the above-named candidate complies with the relevant word length specified in the School of Postgraduate Studies and Commission of University Education regulations for the Masters Degrees.

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Prof. E.M Were, PhD

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Dr. Daniel RotichKandagor, PhD

All rights reserved. No part of this thesis or information herein may be reproduced, stored in a retrieval system or transmitted in any form or by any means; electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the author or Kisii University on that behalf.

DEDICATION

I dedicate this thesis to my wife Pamela Chelimo, my sons Ian Rotich and Brian Kalya, my late father NgoriakonyinYarakou may His soul rest in eternal peace, my mother Ko-

Kiptoo, brothers and sisters Moses, Jackson, Mary, Stella and Rita, Sisters-in-laws

Flora, Ann and my friend Wilson Simotwa

ACKNOWLEDGEMENT

I thank the Almighty God for giving me the blessings of good health, patience and strength during the entire research period preparing this document. In addition; I would like to thank my supervisors for their invaluable guidance, time and mentorship support for giving me the opportunity to undertake this study. I also thank my classmates for the material and immaterial support.

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ABSTRACT

This study intended to assess the influence of indigenous conflict resolution mechanism on land use management in Pokot Central Sub-County. The area has faced numerous challenges in managing land use. The use of indigenous means to resolve conflict is not fully recognised by government and the people, the effectiveness of the mechanism is wanting and marginalised. The following objectives guided the study: to establish the role of indigenous conflict resolution mechanism actors on land use management; to establish the implementation of indigenous conflict resolution management process on land use management and to find the challenges of the implementation of the indigenous conflict resolution mechanism on land use management in Pokot Central Sub-County. The study is expected to benefit government agencies dealing with land use management by giving the alternative measures to solving conflict. The study employed descriptive research design. The study covering population of 781wererepresented by 537 respondents selected from the following target population: officers of national government administration; council of elders; households’ heads, land officers and disputants. Morton Deutsch “cooperative model” guided this study and conceptualizes indigenous conflict resolution mechanisms as independent variable and land use management as dependent variable. The study suggested indigenous conflict resolution mechanism as a tool of trying to solve the existing problem of land use disputes. This study also ensured that the data obtained wasactually reliable and valid. Questionnaires and interviews schedules as research instruments were of a great help in ensuring that the required information was collected. The study found out that the ICRM actors play great roles in land use management, the procedure of solving land use disputes starts from family and ends at oath taking, among the challenges facing ICRM is non-recognition by government and locals. The study concludes that ICRM can be the best mechanism in dealing with land matters and recommend that the government needs to formulate clear policy guiding ICRM operations.

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TABLE OF CONTENTS

DECLARATION ...... ii PLAGIARISM DECLARATION...... iii DECLARATION OF NUMBER OF WORDS ...... iv COPYRIGHT PAGE ...... v DEDICATION ...... vi ACKNOWLEDGEMENT ...... vii ABSTRACT ...... viii TABLE OF CONTENTS ...... ix LIST OF TABLES ...... xii LIST OF FIGURES ...... xiii LIST OF APPENDICES ...... xiv LIST OF ACRONYMS ...... xv CHAPTER ONE ...... 1 INTRODUCTION ...... 1 1.1 Background to the Study ...... 1 1.2. Statement of the Problem ...... 6 1.3. Purpose of the Study ...... 7 1.4. Objectives ...... 8 1.5. Research Questions ...... 8 1.6. Assumptions of the Study ...... 8 1.7 Significance of the Study ...... 9 1.8 Limitation of the Study ...... 9 1.9 Scope of the Study ...... 9 1.10 Justification of the Study ...... 10 1.11. Operational Definition of Terms ...... 10 CHAPTER TWO ...... 11 LITERATURE REVIEW ...... 11 2.1 Indigenous Conflict Resolution Mechanism ...... 11 2.2 Land Use Management ...... 14 2.3 Role of ICRM Actors in Land Use Management ...... 20 2.3.1 The Tswana People ...... 22 2.3.2 Actors among the Akan Community ...... 23 2.4 Process of Indigenous Conflict Resolution Mechanism in Land Use Management .... 24 2.4.1 Traditional Conflict Resolution among the Kusasi in Ghana ...... 24 2.4.2 Mechanisms among Gummuz People ...... 26 ix

2.4.3 Traditional Mechanisms among the Ambo Wareda Community in Ethiopia ...... 27 2.4.4 Resolving Land Disputes among the Kipsigis ...... 28 2.5 Challenges of ICRM in Land Use Management ...... 29 2.6 Theoretical Framework ...... 32 2.7 Conceptual Framework ...... 33 2.8 Research Gap ...... 34 CHAPTER THREE ...... 35 RESEARCH METHODOLOGY ...... 35 3.1 Research Design ...... 35 3.2 Study Area ...... 35 3.3 Target Population ...... 36 3.4 Sampling Techniques ...... 37 3.5 Validity and Reliability of the Data ...... 38 3.5.1 Validity ...... 38 3.5.2 Reliability ...... 38 3.6 Data Collection Instruments ...... 39 3.6.1 Data Collection ...... 39 3.6.2 Research Instruments ...... 39 3.6.2.1 Questionnaire ...... 39 3.6.2.2 Interviews ...... 40 3.7 Data Collection Procedures ...... 40 3.8 Data Analysis and Presentation ...... 41 3.9 Ethical Considerations ...... 41 CHAPTER FOUR ...... 42 RESULTS, INTERPRETATION AND DISCUSSION ...... 42 4.1 General Information ...... 42 4.1.1 Sex of the Respondents ...... 42 4.1.2 Age of the Respondents ...... 44 4.1.3 Educational Level ...... 46 4.2 Recognition of ICRM on Land Use Disputes ...... 49 4.3 ICRM Performance Rating ...... 50 4.4 Roles of ICRM Actors on Land Use Management ...... 51 4.5 Implementation of ICRM Process on Land Use Management ...... 57 4.5.1 Respondents awareness of Any Case Handled by Council of Elders ...... 57 4.5.2 The Success of Cases Handled By Council of Elders ...... 57 4.5.3. Process of Conducting ICRM on Land Use Management ...... 58

4.6 Challenges in Implementation of ICRM on Land Use Management...... 61 CHAPTER FIVE ...... 66 SUMMARY, CONCLUSION AND RECOMMENDATION ...... 66 5.1 Summary ...... 66 5.2 Conclusion ...... 67 5.3 Recommendation ...... 69 5.3 Suggestions for Further Research ...... 71 REFERENCES ...... 73 APPENDICES ...... 77

LIST OF TABLES

Table 1: Sample Size………………………………………………………………..37

Table 2: Sex of the Respondents…………………………………………………….42

Table 3: Age of the Respondents………………………………………………….…44

Table 4: Educational Level…………………………………………………………..46

Table 5: Recognition of ICRM on Land Use Disputes …………………..………… 49

Table 6: ICRM Performance Rating…………………………………………………50

Table 7: Roles of ICRM Actors ……………………………………………………..52

Table 8: Respondents Awareness of Any Case Handled by Council of Elders….….57

Table 9: The Success of Cases Handled By Council of Elders…….……………….58

Table 10: Challenges in Implementation of ICRM on Land Use Management…….62

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LIST OF FIGURES

Figure 1: Conceptual Framework for the Study……………………………… ...... 33

xiii

LIST OF APPENDICES

Appendix I: Letter of Introduction………………………………………………….…77

Appendix II: Questionnaire……………………………………………………………78

Appendix III: Interview Schedule………………………………………………….….82

Appendix IV: Roasoft Sample Size……………………………………………….…. 84

Appendix V: Map of Pokot central sub-county…………………………………….....85

Appendix VI: Plates…………………………………………………………………...86

Appendix VII: Research Permits and Authorisation…………………………………..87

Appendix VIII: Publication………………………………………………………..….92

Appendix IX: Plagiarism Report………………………………………………….…..93

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LIST OF ACRONYMS

ADR: Alternative Dispute Resolution

HHs: Households

ICRM: Indigenous Conflict Resolution Mechanism

LC1: Local Council 1

NGAO: National Government Administration Officers

NGO: Non-Governmental Organization

UNESCO: United Nation Education, Science and Cultural Organization

CHAPTER ONE

INTRODUCTION

This chapter presents the background of the study, statement of the problem, purpose of the study, objectives, research questions and assumption of the study, significance of the study, limitation of the study, scope of the study, justification of the study and operational definition of terms.

1.1 Background to the Study

Land use management means the system that is precisely acknowledged to regulate and make decision on the use of land. It deals with the way land is acquired, the procedure of holding the property, means of controlling and buying and selling of land (Sarah

Charlton, 2008)

The People’s Republic of China is faced with a big problem in matters land. The country is trying to strike a balance between two of her major means of production which includes securing the productive and fertile land favorable for agricultural activities and the need to have cities for commercial purposes. The growth of cities is on the rise day in day out.The country is also faced with a lot of challenge in terms of taking control of land. In the course of controlling the use of land, conflicts arise where government owns the urban areas and the community owns the agricultural land collectively.(Gar-on Yeh 2005, Ma 2007)

In Colombia, communities have their ways of resolving conflict. The Wayuu’s approach to conflict resolution consists of a system of compensation payments that are negotiated on anissue-by-issue basis through mediation efforts by the traditional Pütchipü’üi(in

Wayuunaiki) or palabrero(in Spanish). The figure of the palabrerohas its mythical 1

foundation in the bird ‘Utta’ and designates somebody who is an authentic specialist for resolving conflict. In 2004, the Wayuu’s conflict resolution approach headed by the institution of the palabrerowas declared the best for cultural interest by the Colombian

Ministry for Culture, and in 2010, it was admitted to the (United Nation Education,

Science and Cultural Organization) UNESCO list of immaterial world cultural heritage.

Wayuu traditional system is based on customary law with a strong oral tradition and the principles of collective responsibility, reciprocity and redistribution (PlantanKatrin,

2016)

Yoruba community in West Africa derives laws that guide the people from their customs and traditions. In contrary to the thinking that only written work in relation to performances is connected to literacy, the Yoruba people had verbal performances. In addition, Yoruba people whose legal traditions and cultures were not written, present their culture in performance as a way of preserving for its survival and make them enjoyable. The performance eases its understanding since it was also a way of instilling knowledge to the young generation. Concerning arbitration, the community led by the elders derive their power from the norms, cultures,wisdoms and traditions left to them by their forefathers.Most of these activities were always performed in form of drama

(Olaoba, 2001)

Olaoba (2001) further indicated that the Yoruba elders who are the only persons with the power of wisdom and knowledge and maintaining order in the society conduct their business under a tree and discuss issues affecting the society until they reach a mutual agreement.

According to MercyCorps (2011) Acholi people in Northern Ugandaexperiencedlots of problems as far as land use is concerned and among the many problems on land use management is conflict between individuals, clans, relatives, families, neighbours and even private developers. Acholi community in most cases found themselves in disputethat are caused by the right to own piece of land, drawing of boundaries and the right to use the piece of land. The Acholi family organization, structure and the institution in general was not spared from the conflict related to land use. The conflicts divided the institution right at the middle into two. For instance, dispute between juniors and seniors in the family, between widows and the members of the family of their late husband(s). The community was also faced with challenge on illegal ownershipand access to land by family members, neighbours and people within and outside the locality. Some people within the community engaged in illegal selling of other people’s property like land without the knowledge and authority of the owners. Acholiland also experienced disputes between and among landlords and squatters. The community also is also engaged in transfer of land ownership and the practices are in most cases not recorded.

According to Kariuki (2015) The Giriamapeople of Kenya’s Coastal Region had institutions that were solely bestowed with the responsibility of settling community issues like land and any other conflict of common interest to the people. These institutions were kaya (council of elders) and the oracle.Giriama people had different groups of elders with distinct functions aimed at achieving the desired objective of truth and justice to all players in different categories of disputes land use disputes included.

First, Kambiis responsible for hearing and addressing daily and regular complaints and second group of elders was the vaya-the most respected and honouredgroup, they are

composedof small group elders selected basing on special interests and they work as secret entity of the community.

Vaya play several roles in Giriama community, some of the roles are: to manage and take full charge of the affairs of the people and the community in general. They controland direct on different activities dealing with land issues in various seasons right from preparation of land for cultivation, planting, weeding and harvesting. Vayaprayto gods to give them rains. They also determinetime for initiation of youth into various age-sets. In determination of cases and making judgements, the vayawere the main actors. They presided over the process of determination ofpersons, during the judgment process the vayawere to take the position oracles and superstitions were usedin determining whether one is guilty or not (Kariuki,2015).

According to the Republic of Kenya (2010), the Constitution provides for protection of right to own, acquire and use property including land. It also provides for principles of land policies which states that land shall be managed and used in a way that observes efficiency, equity, productivity and the land held shall be sustainable in respect tothe principles of equitable access to all Kenyans, protection of land rights, removal of gender bias, observing traditions and other related practices to land and property and encouraging communities to resolve land useconflicts though a recognized indigenous systems or institutions consistent with the constitution of Kenya.

The Constitution of Kenya established the National Lands Commission with mandates to manage public land on behalf of the two levels of governments- national and county governments. In case of disputes the commission may also initiate investigation into the present and historical injustices and at the end make recommendations. In addition the

commission may provide a room for other conflict resolution mechanisms especially traditional conflict resolution in matters land use disputes (Government of Kenya, 2010)

Conflict resolution among the Meru is handled by NjuriNcheke institution. The institution handle boundary disputes at both local and house level and weighty issues are handled at national executive (Macharia and Kirema, 2016)

The people of Pokot Central Sub-County are faced with land use conflictsfor a very long time because of the ever increasing number of people. Conflicts are evident in all types of land ownerships which includecommunal ownership, private ownership and government land. These happen in areas that are rich in agricultural production like

Muino, Sekerr, Wei Weiand Lomut. Pokot central has experienced several andhuge challenges on management of land use that have paved ways for disputesdue to access, ownership, control and utilization of the limited valuable natural resource. The disputes in place are among and between farmers, pastoralistsand pastoralist-farmers.

As stated by(Huho,2012), disputes related to land and its use in Pokot Central sub- county were either due to boundaries that are not clear or ownership by one clan that ought to belong to other clans. Due to change of climate, drought force communities in lowland areas of Orwa to move to highlands of Sekerrin search of food, water, pasture and better livelihood in general.The search for better livelihood became a curse instead of blessings since the population ballooned and the scarce resource got finished hence conflict.

This study intended to assess the influence of the indigenous conflict resolution mechanism as an alternative method for bringing sustainable solutions to land use

management and the conflict that arises from the use of the land in Pokot Central Sub-

County

1.2. Statement of the Problem

As experienced globally, indigenous conflict resolution mechanisms are one of the practical approaches for land use management. Its non-adoption of the tool resulted to rapid increase of land use disputes as evidenced among Wayuu community in Colombia

(PlantanKatrin, 2016). In Northern parts of Kenya, climate change has affected the livelihoods of the locals with increasing droughts especially in Pokot Central Sub-

County. These changes of climate have threatened the economy of pastoralists who depend on water and pasture for their survival(Huho et al. 2009 and Huho, Ngaira,

2012). Hence, causing disputes as a result of accessing land with water and posture.

Indigenous conflict resolution mechanism has been in place in Pokot Central Sub-

County for a very long time. Its role on resolving disputes arising from land use has been marginalized and in most cases ignored leading to uncontrollable and unmanageable land use disputes in the community. On the other hand, thegovernment has not recognised it fully and has not fully appreciated the roles played by traditional actors dealing with land issues. Relationship between the indigenous system and the modern justice system is wanting. Lastly, theindigenous justice system is not fully efficient and effective since the selected of actors are based on the circumstances in place at particular time, because of the questionable criteria used in selecting the actors they are not sometimes welcomed and it puts their duty into test.

Most of the land related conflicts in Pokot Central arise due to ownership of land where the few allocate themselves huge land and get their ways to legalize the ownership of the property, the small land they call home belong to the community. The utilization of 6

the land for the purposes of pasture and water, cultivation for crop production does not have proper organization since the pastoralists have seasonal stay in a place, the highland dwellers of Sekerr, Muino and Chepkokogh are faced with high population making the parcel of land very small hence people fight for it. There is also a problem of control of the land which is largely communal; the community does not have proper structure on the whole process of access into the land. Huho (2012) indicated that accessing the available piece of land especially during dry season is very hard and in most cases the community members had to engage in serious conflict over the land in lowlands of Cheptulel, Lomut and Sigor.

There have been numerous land use disputes reported to kokwopoy (council of elders); it is approximated to be 100-150 cases yearly. As put by Huho (2012) the main challenges of the intractable conflicts within the county and neighbouring counties like Elgeyo-

Marakwet and Turkana has been due to the control and access to pasture and water which are among the most important resources for pastoralists.

The community still experience lots of challenges from land use even after several attempts on resolving land use conflict.There are several cases reported that range from loss of properties, loss of lives, forced displacement of persons, insecurity, enmity, disharmony among disputants and continuous destruction of land. Because of these, this study propose to assess the influence of indigenous conflict resolution mechanism on land use management in Pokot Central Sub-County.

1.3. Purpose of the Study

The purpose of this study was to assess the influence of indigenous conflict resolution mechanisms on land use management in Pokot Central Sub-County.

1.4. Objectives

The specific objectives that guided this study were to:

i. Establish the role of indigenous conflict resolution mechanism actors on land

use management in Pokot Central Sub-County ii. Evaluate the implementation process of the indigenous conflict resolution

mechanism for land use management in Pokot Central Sub-County iii. Find the challenges of the implementation of the indigenous conflict resolution

mechanism on land use management in Pokot Central Sub-County

1.5. Research Questions

Under this study, the following research questions guided the study:

i. What are the roles of indigenous conflict resolution mechanism actors on land

use management in Pokot Central Sub-County? ii. How does the implementation of indigenous conflict resolution mechanism

process impact on land use management in Pokot Central Sub-County? iii. What are the challenges of the implementation of the indigenous conflict

resolution mechanism on land use management in Pokot Central Sub-County?

1.6. Assumptions of the Study

The study assumed that indigenous conflict resolution mechanism will have an impact

on land use management, it will also bring some solutions to land use disputes in Pokot

Central Sub-County.

1.7 Significance of the Study

This study will benefit government agencies responsible for managing land or resolving land related conflicts by appreciating indigenous means and also develop policy to strengthen indigenous institution and guiding its operation on management of land.

Through this study, community members will be able to appreciate the influence of elders in matters conflict resolutions especially land issues and use it for posterity. It will also benefit learners all over the world as reference material as far as indigenous conflict resolution mechanisms on land use management are concerned.

1.8 Limitation of the Study

Getting the right sample size that brought about reliable information was a challenge, some respondents did not cooperate fully with the researcher and some were insincere.

With the assistance of research assistance, the research met the right sample size since the geographical area was vast. The researcher informed the respondents on the importance of the study which addressed the issue of cooperation and sincerity

1.9 Scope of the Study

The study covering the influence of indigenous conflict resolution mechanisms on land use management was conducted within Pokot Central Sub-County and its four wards:

Sekerr, Masol, Wei-Wei and Lomut. The highlands and the lowlands parts of the area are best for cultivation and pastoralism respectively. The study targeted population of

781. It also covered roles of various actor involved, processes involved and challenges facing indigenous conflict resolution mechanism on land use management.

1.10 Justification of the Study

The influence of indigenous conflict resolution mechanisms on land use management is a research work intended to bring solutions to the problems faced by the local people who in most cases do not realize the true and just judgements. The disputants through indigenous conflict resolution mechanism will get speedy, economical and trustworthy judgements. The mechanism not only brings solution to land question but also promote peaceful co-existence and harmony among the disputants and in the entire community.

1.11. Operational Definition of Terms

Land use management: management of land by community members led by elders and government officials on ownership, control, access and the right to use

Indigenous conflict resolution mechanism: resolving conflicts through the institution of kokwopoy

Indigenous conflict resolution mechanism actors: poy

Kokwopoy: Pokot word referring to council of elders

Msua/muma; Pokot traditional oath

Land access: getting into land through elders

Land control: elders have power to make decisions on matters land

Land ownership: communal, private and public ownership

Land use: using land for the purposes of crop farming and livestock production

Sikirio: mass death as a result of oath

Poror: neighbor 10

CHAPTER TWO

LITERATURE REVIEW

This chapter presents pertinent literature on indigenous conflict resolution mechanism, land use management, role of indigenous conflict resolution mechanism actors in land use management, process of indigenous conflict resolution mechanism on land use management, challenges of indigenous conflict resolution mechanism on land use management and research gap.

2.1 Indigenous Conflict Resolution Mechanism

Murithi (2006) argued that Indigenous dispute resolution mechanisms is interested on the principles of empathy in relation to peoples feeling, sharing of ideas and coming together in handlingproblems that are common as far as the nature of humanity is concerned. He further explained thatin promotion and strengthening of peace and harmony in society, culture takes the centre stage and traditional mechanisms of settling and managing conflict play a very important function in ensuring that there exists order in society. In society, cultural values and people’s attitudes gave basis to relationships and norms that guided how people live in a given community.These interactions also promoted equity in terms of distribution of resources among community members and the essence of sharing is cultivated and above all it promotes environment of peace.

In its principles, the African traditional, culture and values appreciates human kind and tries to bring to the attention that people’s relationship with one another is inseparable.

For that reason,peace and peace-making is achieved by employing inclusivity and sharing of mutual benefits and even peoples ultimate goals. Indigenous conflict settlement mechanism provides room for giving and receiving forgiveness and these

happensbecause the community greatly stresses on communal life. As a consequence, promotion and sustainability of good mutual relations responsibility that involves every member of the societyhas to be shared. It is also believed that there is social connection between people including parties involved with disputes (Murithi, 2006).

Settlement of conflicts is a communal process that starts with identifying the causesthat led to problem at hand, the process goes ahead tocalling the parties responsible to attack the issue with the aim of getting a solution and finally this process is aimed at one party being found guilty and reconciling the warring party begins by either giving fines or parties forgiving one another(Brock-Utne, 2001; Murithi, 2006).

To bring peace and mutual relationship between and among individuals and community(s), the question that has to be answered is how the indigenous systems and institutional structure act in relation to conflict resolution. In relation to this question, the procedures to indigenous mechanism of settling disputes are originated from the cultures and day-to-day undertakings. In addition, social organizational structures and units that are coined by the morals culture guides communal relations (Kendie and Guri,

2006).

It is evident that indigenous people worldwide have strong connection with the land they inhibit for not only as property but also their livelihood is based on it. Land to the indigenous persons has been of great use since it is dwelling place, links generations from the past to the future and compose their spiritual foundations. In relation to this, bearing in mind the complexity of this resource, conflicts arising from it have to be resolved in a detailed and accurate way. Dealing with this weighty issue indigenous

dispute settlement becomes suitable provided that the issue is within its powers(Wehrmann, 2008).

Traditional dispute settlement is a form of arbitration where it possessesstrong conciliatory characteristics which make it differ with court process or alternative disputes resolutions (ADR). At some pointcustomary dispute resolution have some commonality with litigation where both processes have a third party influence in matters decision making and also both aimed at regaining harmony and peace as ultimate approach to conflict settlement. In customary disputes resolution the arbitrator is defined by his/her status or position in the society unlike modern justice system(Wehrmann, 2008).

Indigenous dispute resolution mechanisms had several strengths that held it in its position as the alternative dispute resolution to modern justice system. Some of these strengths are as follows: acknowledgement of broader approaches to land use disputes majoring on conciliatory approach, its good accreditation by the society presents better option to modern justice system, it’s cheap in terms of cost making it easily accessible, it brings sustainable outcome since its process is well defined(Boege 2006; Owusu-

Yeborah 2005)

Kirby (2006) after assessing the influence of western methods of conflict resolution in

Northern Part of Ghana confirmed that the system has totally failed. A good number of parties have opted for court process and they have gone a step further to seek support from Non-Governmental Organisation (NGOs) which have not been able to address the core causes of the problems. He further stated that local disputes require an

understanding in line with the cultural perspectives instead of adopting western systems that are not familiar with the traditions and contexts of the conflicts in the local society.

According to Zelalem (2015) Ambo town residents prefers traditional justice system than the modern court system. Traditional conflict resolution mechanisms are afavourite of the people because of the fact that its final determination results to a win-win deal.

Therefore, satisfy all parties.

2.2 Land Use Management

In Kenya land is among the most important factor of production apart from the capital and human. Land is not only sensitive natural resource but also the source of any other economic development of any nation(Ministry of Lands and Physical Planning, 2016)

In Georgia for instance,some groups of people engaged in unlawful practices aimed at robbing other people of their agricultural land in the name of auction. This was executed through manipulation of land system to remove other owners and replace with the persons who are preferred by the perpetrators.These illegal and corrupt practices happened during the second phase of agricultural privatization. In relation to these practices, the trust of the already broken hearted citizen of Georgia to their government went further down to the knee(Bokeria 2006).

Wehrmann (2008) argues that most of the second world countries and the nations that are under economic transition experience institutional challenges. These developing countries have challenges to do with land rights that are characterized by overlapping legislations. Consequently, it contributes to unclear rights to property and disputes over ownership of the piece of land. Government agencies in-charge of land use planning, registration, information system lacks well trained personnel and most of this countries lack technical infrastructure and enough financial resources to run its operations.In 14

addition,executive and managerial services being centralized and underdeveloped, most of the duties of various staff are not clearly defined making coordination of tasks and cooperation of the members of the staff difficult. As a result of the unavailability of information related to ownership of land and its use, it is impossible to use the property.

Legal security in developing countries is limited to poor execution of rule of law and sustainable land developmentsapproaches are affected by ethical principles that are not widely acceptable. Poor implementation of laws or policies related to land are of critical concern in any organization, the situation is worsened when there are unclear implementation of principles or even existence of legislations that contradict one another.Therefore, poor land market institutions and poor regulatory institution gives room for disputes related to ownership of land and land use (Wehrmann,2008).

In land use management the following challenges gave room to land related conflicts:

According to Landes (2000) local chiefs often partake in illegal and immoral practices that involved selling community land to outsiders or even government instead of guarding the culture and the land on behalf of the community. These illicit behaviours contributed to landlessness among the locals.Apart from the corrupt dealings the other causes of land use disputes were as a result of double or multiple allocation of the same piece of land to many people through either unrecorded tenures or due to competition between government institutions. Giving example ofNicaragua which has twelve different methods of acquiring land titles, these different ways of acquisition contributed to ownership conflict between small and large scale famers and further deforestation of rain forest for purposes of crop production and pasture.

As WehrmannB. (2008) pointed out, challenges related to mandates of institutions are not always the main reasons as to why land use disputes occur but whose weaknesses 15

facilitates the process to the problem. Exploitation of the property for the sole reason of making profit is the driving force, these happen through irregular use or access to the land either through grabbing or alienating the rightful owners from the use of their supposed piece of land. In most cases thepeople responsible for these illegal practices are social gatekeepers. It has reached an extent where societal norms and values find no space in people’s day-to-day life’s instead self-interest takes centre stage.He further emphasised the significance of ethical values and strict adherence to principles of rule of law in preventing land use conflicts.

At times a country or community is faced with changes of institutions especially in the process of land economic change; during this stage the doors of conflicts are sometimes open since some individuals take advantage of the transition period to manipulate the system for their own interest and in so doing land use conflict increases. Apart from the conflicts that occur as a result of institutional change, some conflicts take place even in stable institutions. The nature of the changes in those institutions affected is primarily associated with the type of land conflict. For instance, multiple sales could happen as a result of slow institutional change that attracted overlaps of more than two systems.It is also evident that there have been common occurrences of unlawful selling of public land during transition periods from socialist to democratic systems of government where the laws governing land were not well defined or no rules to that effect. These illegal practices also happened in situations where there is long term instability of legitimate state institutions or unstable government due to prolonged wars, terrorism, dictatorial regimes among other challenges(Wehrmann, 2008).

The history of Uganda which has been characterized by numerous changes related to landpolicies, have created an avenue where the locals are not sure of their rights to

ownership of property. The government of Uganda has been making numerous policies since colonial period without making amendments on the existing policies making land departments have more than one policy which are related. These overlapping policies have brought more harm than the intended good of the government operations in matters land ownership and rights. Around 1900sthe Ugandan colony alienated the locals from their land and called their land freehold estate and allocated the huge piece of land which was referred to as “mailo” land to the few wealthy groups of persons, a move that totally destroyed the rights of the original owners to own the property. The remaining land after the mailo has been allocated was identified as public land.In addition to this, the law in 1920sprotected some unwillingmailotenants against eviction.

In the year 1975 the government centralized land issues which had some positive effects. However,there still existed confusions in terms of ownership. The country in its series of developing land laws and policies came up with Land Act, 1998 that changed land legal rights (MercyCorps, 2011)

In Uganda, determining settlement of disputes and land rights at times became complicated because there were differences between indigenous law and modern law. In relation to this, the laws of Uganda as stipulated in the supreme law give person(s) the right of ownership for those who have held the property for not less than 12 years and the same provision is not recognized by the customary laws. This confusion of laws gave rise to serious disputes between the original owners who fled away almost two decades away and came back and the current inhibitors who are supported by the formal law.As far as Ugandan constitution recognizes indigenous law, it is unclear as to which law shall carry the day in cases of conflicting views between the customary and the

modern laws. The lack of clarity has attracted unnecessary competition between the two systems and conflicts between the parties involved (MercyCorps, 2011)

The Acholis in Uganda pays a great allegiance to the indigenous laws and it is evident that the locals have more trust on the local traditional leaders than leaders representing government. The locals sometimes diminish local government officials as“youth” because they believe that government official do not have any knowledge on land matters and how it should be managedcompared to traditional management. In exercising their power, the elders appeared threatened by the roles and influence of the government officials. On the other hand, the locals recognised and appreciated the presence of government officials in particular Village local council 1s (LC1s) since they are reachable. However, the levels of confidence and trust vary and both parties have almost similar challenges right from abuses of powers to corruption among other weaknesses.

Landcover in Kenyaismostly grouped into: saline water bodies,savannah grasslands, , and forests and deserts. The country benefits a great deal from the beautiful land covers across the geographical terrain of the Republic of Kenya. the beautiful natural resource is used for the purposes of agricultural production ( animal and crop), human settlement, recreation and tourism services, water catchment, fishing, mining and production of energy just to mention a few. To sum up Kenya’s land is among the top source of human livelihood for her people (Ministry of Lands and Physical Planning, 2016)

Ministry of Lands and Physical Planning (2016) further stated thatmanagement of land and its use is the controlling of activities done in the land for the purposes of preserving and sustaining its use,fostering vibrant economic activities,promotion of quality living

environment, coordination of stakeholders involve in management of land use, providing and maintaining infrastructure and services in urban and rural areas, guiding the management and exploitation of resources both at the national and county level. The policy also contains making decisions relating to the following areas: sub-division of land,extension of use,converting the uses of land, approval of residential and plans for the land for the betterment of future plans and development.

The management of land in Kenya is currently characterized by the following: the stakeholders responsible abandon policies that ought to guide its operations at a very tender stage and this abandonment make the whole process of evaluation very hard to see whether the policies put meets the standard put in terms of effectiveness and efficiency, statutory agencies responsible for management of land use lack full powers and capacity to fully undertake her operations.There is evidence of mismanagement, misappropriation, misuse and destruction of land due to unclear guidelines relating to public land. Mismanagement of natural resources has resulted to erosion of soil, intrusion into groundwater, deforestation and overgrazing. Poor implementation of policies has contributed to intrusion into the highest level of water body destroying marine life.Non-compliance of policies in place has also contributed to huge and mass extinction of rare species. It has also attracted lots of competition for upcoming infrastructural networks and inappropriate technological advancement which has in turn negatively affected dissemination and collation of information necessary for management of land.

The Kenya’s land use policy of 2016 further addressed the challenges affecting land use management. The policy noted the following mechanism that need to be put in place in order to address the existing problems. It is the role of government to: comply with the

approved plans in matters of development, ensure that the policies are enforced to the latter, prepare strategic spatial development plans that guides investment, develop a database relating to usage of public land, devolve institutions for management of public land at both levels of government (national and county),develop a land use mapping system and apply modern technology in land use management(Ministry of Lands and

Physical Planning, 2016)

The government of Kenya has not formulated clear policy in relation to communal land and how to resolve conflicts arising from communal land.

2.3 Role of ICRM Actors in Land Use Management

There are several actors involved in Indigenous conflict resolution mechanism with specific roles in management of land and resolving conflicts relating to land. Alula and

Getachew (2008) indicated thatlarge percentage of Ethiopia people applied indigenous mechanism in the affairs of the community; linage system is often involved in resolving disputes. In order to attain the intended objective of resolving conflicts to the satisfaction of the community in Ethiopia, all parties involved participate fully in indigenous conflict resolution mechanism. The actors participatingin indigenous means are divided into three categories namely: the crowd who consists of any interested persons or sympathizer of disputants, conflicting parties and resolvers (elders).These actors have their own duties in the process of conflict resolution (Mekonnen D.2016,

Ambaye 2008).

The plaintiffsand defendantsare the main actors in the whole process of conflict resolution. The existence of the system depended upon the presence of conflicting persons who present their cases to the elders in the presence of the crowd.

Minusconflicting parties there would be noindigenous system of conflict resolution. The locals preference to the indigenous systems came as a result of the following advantages which include low cost, cases are done in timely manner, total trust to the elders and familiarity with the system among other benefits of the institution. Participants may also include friends to the conflicting persons, relatives, neighbours or even passers-by.

These participants are in most casesallowed to participate actively and they also have the rights in contributing to the discussions at hand. However, they do not make decisions. Apart from conflicting parties and the crowd, there are also other very important persons with the responsibility of mediating and making decisions and these are clan leadersandthe elders.

Horowitz (2007) stated some of the qualities for one to be an acceptable and trusted mediator by the conflicting parties. According to him, the following are the characteristics of good mediator: mediator has to be wise in handling issues, be respectful and honest;he/she should address issues facing the persons in conflict with determination and possess the willing heart in making sure that all problems are addressed properly. Resolvers on the other hand have to be people of good reputation in the society, people who are guided by wisdom, persons who are role models, actors who are committed to their duty, experienced, patient, and talented in making just rulings and with enough knowledge on matters traditional law and norms.

Tarekegnand Hannah (2008) indicated that wisdom, moral standing, knowledge, experience, patience, impartiality, respectful of diversity and the ability to give the right advice to parties in conflict are the reasons and qualities that make elders respected and accepted in the community.These qualities give the conflict resolvers high chance of

being honoured, respected and trusted by the community at large. Hence, effective and efficient in making and maintaining peace and general conflict resolution.

2.3.1 The Tswana People

According to the Tswana people of Southern Africa, indigenous dispute settlement runs parallel to the modern system of justice.The dispute resolution practices in Tswana society are founded on the people’s culture, norms and values. Tswana people have different actors involved in local justice processes depending on the social organizationof the people.To start with the lowest level which is the family, up to the supreme authority are the: family leaders locally referred to batsadibalolwapa, the second in authority are the headmen of records (batshereganyi ), followed by the headmen (dikgosana),the chief’s representative (moemelakgosi-kgolo) and finally the paramount chief (kgosi-kgolo). The process may be done by elders working as a grouplike the dikgosanaand the batshereganyi; they may also work as a single elder settlinga dispute alone like the batsadibalolwapaand the kgosi-kgolo(Morena, 2008).

Among the Tswana community resolution of disputes kick off right at lolwapa (the household level) and if resolution is not agreeable, the case is taken to the higher level of Kgotlanawhich is the extended family level. At the Kgotlanaelders sit, hear the matter and make determination. If the kgotlanafail to resolve the dispute, the party aggrieved can appeal tokgotla the traditional court which has similar procedures like the modern courts. Kgotlais composed ofChief and the Paramount Chief. The Chiefs who are government officershave the power to address civil and criminal cases. The Tswana customary courts only give advisory opinion on land matters and not settle land use conflicts and the verdict by the paramount chief can be appealed to the Supreme Court

on matters customary knownas customary court of appeal which has the same powers and status as the high court of Botswana.

In community’s dispute resolution procedures bo-ralekgotla (council of elders) exists at every stage for advisory purpose to the decision maker. In addition, village committees are there to give support and commend on the process. During the hearings, the disputants may invite their kinsmen to participate in the process. There exists supernatural being in the whole process which is ever connected with human kind in all spheres of life. The Tswana community value the presence of herbalists, traditional healers, diviners and spiritual seers as they play an important role of connecting with the spiritual world for assistance during the time of need especially solving weighty issue in conflict resolution as far as searching for truth is concerned. These respected and honoured persons take mediation roles between the living and the dead and God(Osei-

Hwedie, Kwaku and Rankopo, Morena, 2008).

2.3.2 Actors among the AkanCommunity

Customarydisputesettlement among the Akan tribe of West Africadepends on the influence of traditional leaders who play a paramount role in local communities and they also take part in socio-economic-political development and execution of justice in modern politics of the land. The role played by traditional leaders makes the cultural heritage of the community. The traditional leadership institutions promote and sustainsocial cohesion, harmony, peace,maintaining order in the societies and dispute resolution (Department of Justice and Constitutional Development, 2008).

Akan people have many ICRM actors from the village level to the state.At the lowest level there is odikro (head of the village) followed by ohene (divisional chiefs) and finally omanhene (Paramount Chief) who is the head of the traditional state. Villages 23

are composed of number of family groups or clans,eachsocial unit is headed by obusuaponyin (an elder of the family) which is different from ofiepanyin(head of household).From the head of the village to paramount chief the community has Queen mother who is very important in matters conflict resolution in all levels.Akan also have female leader locally referred to as obaaponyin at village and clan levels.At the state level the community has chieftaincy which is the key institution on conflict resolution.

In relation to this, at every level the Chiefs have council of elders thatassist in administrative work as part of the formal structure of chieftaincy. Apart from the chieftaincy, female heads and traditional chiefs the community has other importantfigureslike the youth, women, self-help organizations, traditional priests, herbalist, singers and soothsayers. All these actors work for the common good of the

Akan community (Osei-Hwedie, Kwaku and Rankopo, Morena, 2008).

2.4 Process of Indigenous Conflict Resolution Mechanism in Land Use

Management

For proper management of land as an economic resource, solving the problem of land use dispute became paramount. In dealing with conflicts every community in the world employ different mechanism that are based on their traditions and cultures (Nwolise,

2005). In Northern Ghana for instance, the application of the rights of the earth cult is among the major methods of disputesettlement (Kirby, 2006).

2.4.1 Traditional Conflict Resolution among the Kusasi in Ghana

Bukari(2013) noted that the main cause of conflict in among Kusasicommunity is violation of spirits and gods. According to kusasi people human blood should not be shed as a result of conflict and if it happens then god must be appeased to quell their anger and prevent calamity from striking the community. After violence the community

perform earth cult in order for peace to prevail. This right follows three main procedures which include collection of blood and do cleansing, burry objects used and lastly merry making.

According to Bukari(2013) appeasing the soil where human blood was shed due to violence is of great importance in Kusasi. This process involves sacrificing animal for the purpose of cleansing using blood collected from the animal. In most cases a goat or a cock are slaughtered and used together with local brew locally referred to pito for the purposes of purification.

After blood collection and cleansing, burying of objects used is performed immediately to mark an end of hostility among the parties in dispute. Okra stalk which symbolizes reconciliation is among the objects which are buried and after the burial of objects the fights has to come to an end. During the process of burial of the okra stick, the disputants make promises and stick becomes sacred to the spirits. The party that infringe the rite is death. The second step is very important for sustainable peace in community. All parties must participate fully because they have to make covenant with earth spirits/gods so that by the end of the process harmony and peace will have restored to normalcy (Bukari, 2013).

The third and the last step on conflict resolution among the Kusasi people is celebration.

Merry making is very important stage because of the restoration of peace among the warring parties. This event is organized and celebrated in the presence of Paramount

Chief in Kusasi’s traditional capital. During the celebration warring parties get an opportunity to announce and declared their full support harmony and peaceful coexistence. Apart from disputants, community members and some government officials take part in celebration and the last animal sacrifice is made for the purpose of merry 25

making. In conclusion, the ceremony has to be accompanied by different forms and stiles of celebration which include singing, dancing and drinking and other traditional forms of entertainments (Bukari, 2013).

Kirby (2006) indicated thatcommunity rites, rituals and processes have been in existence for long. For instance, in Northern Ghana the rituals of the earth cult performed through offerings, sacrifice, prayers and appeasing gods play vital role in matters conflict resolution since it brings better option for binding reconciliation.

2.4.2 Mechanisms among Gummuz People

The Gummuz people live in Western part of Ethiopia in particular Metekkel areas.

Within the areaare the Oromo and Amhara people who moved into the area later. As a result of their interactions conflicts erupted due to scarcity of resources. To resolve tribal dispute and creation of afavourable environment worth living, the parties developedmichu as a mechanism for conflict resolution.Michu was consulted only when there are huge problems that warrant its attention. The mechanism developed by all residents of Metekkel established freedom of movement within the region and the locals preferred michu than Ethiopian courts. In Ethiopia, local conflict resolution mechanism addressed and prevented more conflicts in the region inhibited by different tribes. In addition the institution/mechanism assisted the established government institutions in- charge of conflict resolution(Tsega, 2009).

Communities neighbouring Oromo created a mechanism called lubabasa which means

“to set free.” Because migrations were the order of the day, whenever Oromo enters other tribe’s regions they uselubabasaas a traditional mechanism to reduce disputes.

Oromo tribe felt superior to other tribes living in the area and therefore they had to assimilate the other people using lubabasa for equality purposes. The rituals conducted 26

underlubabasaprocedures are not the same from place to place. Among the many practices, the most common procedure involves mixing the blood of the disputingpersons and bone breaking simplifying new dawn and new friendship after the old hatred. After the re-union, they promise not to engage in fight again by a way of an oath (Tsega, 2004).

2.4.3 Traditional Mechanisms among the Ambo Wareda Community in Ethiopia

Traditional conflict resolution mechanisms are parts of social system which have great influence in mattersreconciliation, maintenance and improvement of social relationships within the community.They are founded on the cultures of the society referred.

Traditional mechanisms of conflict resolution have been in use in Ethiopia for centuries.

Some of these institutions were Joburas of Agnuak, Gadaaof Oromo, and Shimagelle by the Amhara(Gowok, 2008).

In Wareda community traditional conflict resolution mechanisms are mostly manifested in the form of Jaarsummaa. Ambo town residents and the community of Wareda in general prefertraditional mechanisms to address issues of community importance like conflict resolution. There has been evidence of several cases submitted to modern courts and thereafter taken back to local elders who solve the cases amicably. This shows that indigenous means are a better option to the modern justice system. Jaarsummaa is a system of reconciliation which is conducted by the elderly persons in the community. In

Selecting elders who sit in Jaarsummaa the following qualities has to be put forward: good reputation, talent in handling issues in place, understanding of the local traditions and custom and experience in issues of conflict resolution (Jetu, 2012).

Wareda community do not have many problems in relation to conflict resolution because they strictly follow qualities for one to be engaged as an elder for the purpose of resolving conflicts. They use wise, knowledgeable and experienced elders. Among the skills employed by the elders while discharging their duties are active and attentive listening to the party(s) presentation and at the end put their heads together for joint decision. Elders also engage conflicting parties in sharing of societal norms as a way of teaching them and work as per societal norms and values. In summary, Ambo town residence and Waredacommunity at large settle their disputes using spiritual leaders, wise elders and respected clan leaders (Zelalem and Endalcachew, 2014).

2.4.4 Resolving Land Disputes among theKipsigis

As put by Kariuki (2015)Kamasian(the council of elders)among the Kipsigis communitydeals with varied disputes facing the people. Family or marriage related disputes,land disputes, and murder are among the disputes Kamasian deals with. In kipsigis community disputes as a result of family land are minimal because before the death of the elder, he makes an oral will. Before his death the aged man calls his wife(s) and children and through his oral will informs them on how they are going to share the piece of land. It is interesting that one’s share depends on how the child use to respect and care for his/her father. After the boundaries have been shown the father may confirm their satisfaction by a way of asking question. If the answer is yes, then the traditions dictates that there shall be no one who will raise any issue concerning the shared land in the rest of their lives after the death of their father. Violation to the guidelines given by traditions will result to death, curse or strike by lightning.

2.5 Challenges of ICRM in Land Use Management

According to Kariuki (2015)indigenous conflict resolution mechanism operations are faced with numerous challenges that affect their smooth running. This institution faces negative attitude from Africans who call themselves civilized generation. In Ethiopia for instance,non-African religions which includes the Christianity and Islam have criticized the local customary systems ofthe Borana, Oromo and Gadda and term them as paganism. Some indigenous cultural practices used to resolve conflicts locally like rituals or rites, cleansing and trial by ordeals have been illegalized by many modern justice systems. In addition, there are some other African traditional practices like witchcraftwhich have been criminalized by laws of some African countries among them

South Africa, Ethiopia and Kenya despite their importance in matters conflict settlement in villages.

Kariuki (2015) further indicated that modern justice system feels more superior to the

African customary conflict resolution mechanisms.The issue of inferiority felt in customary law resulted from control by modern system trying to dominate in every aspect of conflict resolution.The move to totally contain and manage the influence of customary mechanism and the immoral practices introduced by the whites in the name of civilized lawsaimed at limiting the influence and application of ICRMstill remain even in post-colonial Africa.

The colonial legacy is evident in Kenya, where Article 159(3) of the Constitution of

Kenya, 2010, provided for the application of traditional conflict resolution and at the same time gave limits to the use of the mechanism. The constitution further prohibits the application of customary justice system in a way that infringes the Bill of Rights

(Government of Kenya, 2010).This means that the constitution becomes powerful than

the customary laws and it therefore deny Africans the right to apply their local mechanism and also the right to justice asin the case of South Africa, the Black

Administration Act, Sections 12 and 20 whichlimits the application of indigenous conflict resolution in civil and criminal cases respectively.

Modernization brought more harm than good to the indigenous people as far as dispute and their resolutions. Before the coming of Europeans during colonial time, Africans were very independent in their different ways of doing things.Wealth and riches had great influence in matters of decision making and authority in society. In relation to this,

Africans had lots of resources which include land, livestock and children which earned them more honor. But with the introduction of the so called civilization, customary justice system was affected negatively since the young people in modern days have accumulated more riches than the older generations making the young generation earn more respect than the elders. The issues of honor had direct and indirect relation with justice systems and in this case the modern court processes watered the customary process and because of this the elders engaged in immoral practices like corruption, favors, nepotism among other vices prohibited by African cultures. It is reported that theAbba Gadaelders of Borana and Oromo and Seferof Nuer engaged in corruption compromising their decision making. Due to these malpractices the communities lost faith on their elders and chiefs.

In African culture the family unit and the kinship ties were highly respected since they are the foundation of the community and generations depended upon their stability.

Civilization from the west which came along with bribery and other forms of corruption in matters conflicts resolution destroyed the close and beautiful social ties and mutual relations between families and kinsmen. In olden days before the coming of whites, the

extended family was highly recognized but in modern days its only nuclear family that is recognized as the main family system. Rural-Urban migration also contributed to the breakage of family ties and individualistic kind of family system developed. The genesis of elders losing influence in society could be traced to the broken family relationsas a result of westernization and her modern justice system.

In matters law, indigenous conflict resolution mechanismfaced great challenge while discharging its mandate. Most African states and governments have unclear policy framework supporting traditional system.Some few countries like South Africa whose legal framework support the application of customary conflict settlement, they still face challenges in their application.

In Kenya, giving examples of pastoralist communities of the Pokot, Turkana, Samburu, and Marakwet elders’ decisions sometimes receive resistance unlike government decisions which have penalties that are backed by law making disputing parties follow the directives given. The elders decisions lack the strength it deserve simply because there is no clear law that could give it power.

ICRM play a big role in solving land dispute in villages but it does not have enough powers when it comes to private land. This is because private land ownership derives its right of ownership from legal system and not traditional system as for the case of communal or rural land which derive its ownership from elders.Therefore, private sectorowes their allegiance to the state machineries while the villager owes theirs to the traditions and elders of the land. In times of violence between private sector and traditional landowners, the representatives of cooperatives sometime approach the

elders for assistance but in most cases the indigenous means fail to bring acceptable solution (Meitzner Yoder, 2003)

2.6 Theoretical Framework

This study adopted Cooperative Model. According to the cooperative model by Morton

Deutsch (2000) conflict resolution is determined by several factors driving the parties in dispute, some of the factors include the nature of the conflict and the objective of every party. These factors are of critical importance and they should be considered while tabling the issues for the purposes of negotiations and trying to settle them. In the cooperative model competition and cooperation views exist.In his prediction on the two perspectives and the kinds of engagements during negotiations involving all actors right in the negotiation table, not forgetting the styles of disputes. Deutsch predictsthat

Cooperative behaviours of the party would take stage and an atmosphere of trust among parties involved would lead to mutual benefit as an alternative for dispute resolution.

On the competitive view,he predicted that this approach would result to win-lose outcome. In relation to this study, elders applied cooperative view and competition view since deliberations were done considering every actors interest and at last determination is made where one party win and the other lose.

2.7 Conceptual Framework

The study conceptualized indigenous conflict resolution mechanisms as independent variable, land use management as dependent variables and government policies as intervening variables as shown below.

Independent VariablesDependent Variable

Indigenous Conflict Resolution Mechanism Land Use Management

 Actors  Ownership  Council of Elders  Private  Chiefs  communal  Process  Utilization  Rules  Conservation  Regulations  Preservation  Challenges  Direct utilization  Non-recognition  Access/ control  Right to use

Government policies on  Land use management  Conflict resolution

Intervening Variables

Figure 1. Conceptual Framework

Source: Author, 2018

2.8 Research Gap

The study found gaps in laws and policies of governments in ICRM. Most countries do not have clear framework supporting the operation of traditional mechanisms dealing with conflicts. Some countries also do not have clear policy framework in relation to managing land use especially communal land. Many communities in Africa have almost the same ICRM actors and the same roles. However, some have women and others do not, others incorporate government in their undertaking and other communities do not.

In terms of process, different communities have different procedures in solving disputes. Huho (2012) wrote about the causes of land disputes in places like Sigor in

Pokot Central but failed to give solutions to the problem.

CHAPTER THREE

RESEARCH METHODOLOGY

This chapter describes the research designs employed, the areaof study, the population targeted, sample and sampling techniques, validity and reliability, research instruments for data collection, data analysis and presentation, data collection procedures and ethical considerations.

3.1 Research Design

The study employed descriptive design whereinterview schedules were used to collect information from respondents for the purpose of qualitative research, this approach was advantageous because respondents participated freely and they could give all the details required. The data was analysed basing on the views and opinions of the respondents.Questionnaires were used in order to get numerical data for the purpose of quantitative research. The information got through administration of questionnaire were analysed in table form and the numerals and statistics guided in coming up with results, making interpretation and discussion.

3.2 Study Area

The selection of study area in any research work is of great importance becauseit directlyinfluences the outcome of the intended information. Orodho and Kombo(2002) argued that for actual site for data collection to be identified, it should start from a given population and narrowed down in a progressive elimination to the required small size favourable for the study. The area is located in Rift Valley Region, West Pokot County.

Pokot Central Sub-County borders the following sub-counties: South Pokot to the

South,West Pokot to the West, Turkana County to the North, Baringo County to the

East and ElgeyoMarakwet to the South East. Pokot Central has four wards namely:

Sekerr, Lomut, Wei Wei and Masol. It has total population of 175, 616 people, households (HHs) stands at 32, 548 (Kenya National Bureau of Statistics, 2015).The economic production of the area under study is majorly pastoralism in lowland andfarming in highland. 60 per cent of the area do not have legal document like Title

Deeds (West Pokot County Government, 2013).The study was conducted inLocations,

Sub-Locations and Villages particularly, Muinoand Kopro locations in Wei Wei Ward

Sekerr highland (Sostin, Mbara and Chepkondol),Chepkokogh and Pitpagh areas of

Lomut Ward and lowland areas of Orwa and Sarmach locations (Sekerr Ward), lowlands of Lomut Ward, Wei Wei location in Wei Wei Ward, and Masol Ward.

There is little written about land use conflicts in Pokot Central. However, Huho (2012) indicated that conflicts related to pasture and water happens around the lowlands of

Sigor/ Wei-Wei and according to KokwoPoythere are approximately 100 cases of land use conflicts reported yearly.According to the Hansard of West Pokot County Assembly on 5th April, 2017, the former Governor H.E Simon Kachapin during the State of

County Address indicated that “on land disputes, 40 cases were resolved which translated to 8% of the total cases reported for resolution and on land adjudication, my government has prepared registry index maps for Sekerr, Muino of Pokot Central Sub-

County”

3.3 Target Population

The study which was conducted in Pokot Central Sub-County/ Sigor Constituency and her Wards targeted a population of 781 and a sample size of 537 respondents calculated using Roasoft sample size calculator attachedin (appendix IV) and 30% and 100% as shown in (Table 1) of the Target Population using purposive, snowball and simple

random selections. The respondents were selected from the following groups: national government administration officers, Council of elders,disputants, households’ heads anddepartment of lands officers.

Table 1: Sample Size

Target Population Sampling Target Sample Per Cent

Technique Population Size (%)

National government Purposive 60 20 30 administrationOfficers

(Ass. Chiefsand

Chiefs)

Council of Elders Purposive 339 102 30

Disputants Snowball N/A 40 N/A

Household heads Simple random 372 372 100

Lands officers Purposive 10 3 30

Total 781 537

Source: KNBS, 2015

3.4 Sampling Techniques

In its procedure of identifying respondents, this study used non-probability and probability sampling, particularly simple random selection for households’ heads, purposive sampling fornational government administration, council of elders and department of lands officers and snowball sampling for disputants.

3.5 Validity and Reliability of the Data

3.5.1 Validity

In this study, expert judgment of content validity was employed. This expert judgement as a tool for testing validity of research instrumentswas guided by Kothari (2004), who argues that the determination of content to be obtained through questionnaires and interviews can be best done by person(s) who are experts in a given area who can judge whether the instruments meets the required standards. In this case student’s supervisor did judge the validity of the data collection instruments.

3.5.2 Reliability

The reliability of the research instruments used in this study was guided by Kombo

(2006) who argue that for data collection instruments to be reliable, it has to be measureon how consistent the results are from a test. Data collection instruments were pre-tested to eliminate defects that might interfere with the instruments reliability.

Piloting was done in Pokot North Sub-County an area which experience almost similar challenges of land conflict and the application of indigenous means to solve the problems. Thereafter, the information in the questionnaire and the interviews were used to test how reliable were the responses using Cronbach alpha criteria and the result was

0.8 which indicates that the instruments used were reliable as supported by (George and

Mallery, 2003) who stated that the acceptable alpha range is (0.1-1.0)

3.6 Data Collection Instruments

3.6.1 Data Collection

In this study, the data was collected by administering questionnaires, interviews schedules to national government administration officers, disputants, council of elders, households’ heads and department of lands officers.

3.6.2 Research Instruments

For the purposes of collecting information required in relation to the objectives outlined in Chapter One, This study used questionnaires and interviews as research instruments in aid of collecting data. Sample of the data collection instruments are attached in appendix II and III

3.6.2.1 Questionnaire

The questionnaire used containedopen-ended questions which gave room to a respondent to express him/herself in giving detailed views in relation to the matter in question and the questionnaire had closed questions with answers to be chosen by the respondents from only the given options. The application of questionnaire assisted in collecting data from a large sample within a very short time. In addition to that, it gave respondents power to express their views freely without any fear of intimidation or the fear of their information used for other purposes because they wereearlier on assured of confidentialityas stated by (Mugenda and Mugenda, 2003).

In collecting data, questionnaire was advantageous since the intended information was collected easily for literate respondents but respondents who did not havebasic education took sometimes because of translations;confidentiality of the process wasobserved since the questions werewritten on a paper and presented to the

respondents which could not give the room for biasness. The literate respondents used questionnaire written in English language and the illiterate respondents were assisted by translating the English language to local language (Pokoot) with the assistance of research assistant.

3.6.2.2 Interviews

The study used semi-structured interviews where the interview was based on an interview guide. The national government administration officers were interviewed on matters land use disputes in general; council of elders were interviewed on their roles on land use conflict and management, the process involved in ICRM and challenges facing implementation of their work. The disputants were interviewed on their experiences with ICRM on land use conflict and management and households’ heads were interviewed on the influence of ICRM and the general experiences on land use conflict and management. Lands officers were interviewed on the roles they play in management of land use and their roles in indigenous conflict resolution mechanism.

Interviews contributed a lot in this study since it was easy to use, in most cases local language was used because most of the respondents were not learned and so it was appropriate to use the language they understand and communicate better.Using interview schedule, cooperation was witnessed especially by the aged respondents who are not able to read and write.

3.7 Data Collection Procedures

The researcher acquired permission from Kisii University and permit from Kenya

National Commission for Science, Technology and Innovation and authority from West

Pokot County Commissioner and Director of Education of West Pokot County (attached in appendix VII). The researcher then administered research instruments to the

respondents (see the attached photos in appendix VI) and thereafter collected data, organized, analysed and presented using statistical and graphical techniques not forgetting the ethical issue where researcher maintained integrity and finally drew summary of the findings conclusion and recommendation.

3.8 Data Analysis and Presentation

The study used descriptive techniques in making analysis of quantitative data.

Percentages and frequencies were used to summarize the data and presented in table form. The analyses of qualitative data were based on content presented during interviews and open-ended questionnaires and thereafter, develop interpretation and discussion from the thematic areas.

3.9 Ethical Considerations

The respondents were informed about the study design and procedure so as to gain a clear outset of the objectives of the study and ensure cooperation, free and informed responses during the study. All the responses were confidential. This was achieved by ensuring that data collected from the respondents were guarded against unauthorized access.

CHAPTER FOUR

RESULTS, INTERPRETATION AND DISCUSSION

This chapter discusses outcomes of the collected information from the field, the interpretation of the analysis and presentation of the findings. Chapter four also presents the background information of the involved respondents in general form;it also highlights the findings of the analysisin relation tothe specific objectives of this study that included the influence of indigenous conflict resolution mechanism on land use management in reference to Pokot Central Sub-County.

4.1 General Information

4.1.1 Sex of the Respondents

Table 2indicates the sex of the respondents who were involved in this study.

Table 2Sex of the respondents

Category Of Respondents Sex Frequency Per Cent (%) Chiefsand Ass. Chiefs (NGAO) Male 20 100 Female 0 0 Poy Male 102 100 Female 0 0 Disputants Male 23 57.5 Female 17 42.5 Households Heads Male 250 67.2 Female 122 32.28 Lands officers Male 2 66.67 Female 1 33.33 Total 537 Source: Field, September, 2017

From Table 2 it is clear that in matters indigenous conflict resolution mechanism and land use management and the conflicts related to land, the majority of the respondents were men.It is evident from the table that 100% of the respondents representing

National Government Administration Officers who included the Assistant Chiefs and

Chiefs are men, this means that in Pokot Central there is no place for womenin leadership positions such as Chiefs and Assistant Chiefs because the area which is largely pastoralist have not impressed the leadership of women.

In kokwopoy, the table indicates that 100 % of the respondents are men and zero per cent for women. Like most African cultures, the Pokot community in particular Pokot

Central Sub-County do not see any reason as to why women should be included in weighty matters of community interest such as land issues. According to Pokot culture, women do not have place in kokwo which signifies power and authority. In fact if there is any need for a woman to talk in meeting presided over by poy, she talks while seated

(Ruto, Muhamud and Isabella 2004).The table also indicates that 57.5% of the disputants are men while 42.5% are women. This translates to a society where land conflicts cuts across the sex. Most of the women involved in land use disputes are widows, orphans or the aged. This vulnerable group are mostly oppressed by the powerful individuals in the society. However, the Akan community trust women in high and influential positions in leadership dealing with weighty issues in society (Osei-

Hwedie, Kwaku and Rankopo, Morena, 2008).

The households’ heads involved in the study includes men at 67.2 % and women at

32.8%. In this case, it means most of the households are under the leadership of men and few under women. In relation to this study, men takes lion share in matters land unlike women who are not fully involved in land related issues since the culture dictates

that ownership of property including land belongs to men. 32.8% of women being households heads is a big number especially in a men dominated society, these happens because most of the men who are polygamous spend most of their time moving from one place to another searching for pasture and water for their animals leaving women at home. Women in places like Masol, lowlands of Lomut, Sigor and Sekerr are mostly households heads as a result of being left at home with the responsibility of taking care of children and the few animals left or some are widows as a result of deaths from

Turkana-Marakwet-Pokot border conflicts.

4.1.2 Age of the Respondents

The table below points out the age brackets of the respondents involved in the study.

Table 3 Age of the respondents

Age bracket Frequency Percentage (%)

18-25 51 9.5

26-35 79 14.71

36-45 110 20.48

46-60 177 32.96

60 and above 120 22.35

Total 537 100

Source: Field, September, 2017

Table 3 Indicates that the respondents age brackets with majority being at (46-60) at

32.96% followed by the following in the descending order: ages above 60 years old at

22.35%, (36-45) at 20.48%, (26-35) at 14.71% and the least who are between ages 18-

25 years old at 9.5%. This indicated that the study covered the whole range of adult

ages and the majority of those involved are the ages 46 and above in matters ICRM and management of land use and the conflicts arising from the valuable resource.

In Pokot CentralSub-County, landsmatters are best handled by the aged since they have wealth of experience in the management of the scarce resource and resolving conflicts related to it. Landsmatters according to the community members cannot be left to the hands of the young generation.The older generation who are the custodians of the culture and ownership of property do not trust the ownership of the youths, who in most cases contribute to conflicts.

Council of elders are drawn from ages 60 years and above and few from ages 46-60 years old. Their main roles include resolving conflicts caused by the young people and the evil minded individuals in the course of production in both animal and crop production.

Middle Ages between 36-45 years old at 20.48% who are ranked third play a critical role in land development. In Pokot Central, this generation do not have full ownership of land and access to it since most of the land is communally owned and therefore the full control and authority to use piece of land is under the elders. These ages represent the section of the community that is productive and in the course of the production they find themselves disputing over the use of the piece of land.

Most of the respondents representing disputants fall under this age bracket, especially in the highlands of Sekerr, Lomut, Muino, Kopro and Chepkokoghand along riverbanks of

Muruny, wei-wei and Masol where there is crop production such us maize, beans mangoes, onions among other crops.

The ages between 26-35 years old are regarded as the most productive ages and most of their responsibilities are to take care of the children, women and the aged in the society by providing them with proper security since Pokot Central borders Elgeyo-Marakwet,

Baringo and Turkana counties, they also take care of the livestock and the pasture and the water from any attack or use by outsiders.

The youngest generation represented by the respondents between ages 18-26 in relation to this study are the vulnerable group who found themselves in land disputes as a result of family instability, lack of parents among others.

4.1.3 Educational Level

The table below points out how respondents indicated in relation to education level in matters ICRM and land use management.

Table4.Educational Level

Level of NGAO Council of Disputants Households’ Lands Education Elders Heads Officers Freq % Freq % frq % frq % Frq % Not Attended 0 0 63 61.7 9 22.5 87 23.39 0 0 School 6 Primary 2 10 31 30.3 15 37.5 136 36.56 0 0 9 Secondary 10 50 6 5.88 11 27.5 80 21.50 0 0 Post-Secondary 8 40 2 1.96 5 12.5 69 18.55 3 100 Total 20 100 102 100 40 100 372 100 3 100 Source: Field data, September, 2017

The above table shows the level of respondents’ education in relation to thisstudy. It indicates that a good number of respondents are illiterate.In the category of National

Government Administration Officers (NGAO), 50% had secondary education, 40% had

post-secondary, 10%had primary education and zero per cent did not attend school.

Therefore, it means that the Chiefs and the Assistant Chiefs in Pokot Central had basic education to co-ordinate public affairs in particular land use management on behalf of the government and provide the best grounds for ICRM operations. They make sure that they provide proper security needed by the parties in case of conflict in the course of deliberations, by coordinating with security personnel.

The council of elders play a big role in making sure that justice is delivered and they are the centre of ICRM processes. 61.76% did not attend school, 30.39% had primary education, 5.88% had secondary education and 1.96% had post-secondary education.

This translates that large numbers of council of elders in Pokot Central do not have basic education. Therefore, their operations are largely influenced by the traditions and customs of the community which means their rulings are obeyed adopted by majority of the parties involved. The few who had basic education assist the other members of the council with translation and interpretations of documents presented to them from other stakeholders in matters land and conflict resolutions like the courts, lands department, chiefs and disputants among other parties. Those with basic education also take part in secretarial work and records keeping.

In the category of disputants, 37.5% had primary education, 27.5% had secondary education, 22.5% did not attend school and 12.5% had post-secondary education. This shows that majority of the respondents representing both complainants and the accused had basic education to mean that most of them are young and this proves the claims made by the elderly that land conflicts majorly involves young generation because of the western culture influence and the high rate of production that is done by the middle aged persons in the community. Large number of respondents at 22.5% did not attend

any school because the study area experience insecurity as a result of pasture and water conflict among the neighbouring communities. These areas have few schools which are seasonal.

Table 4 shows that 33.56% of the respondents representing Households’ heads had primary education, 23.39% did not attend school, 21.5% had secondary education and

18.55% had post-secondary education. This translates that majority of the respondents had basic education and tertiary education which assist in management of land and solving disputes related to it. As witness in a case the literacy assist them in interrogating the evidence presented and assist kokwopoy in making decisions, the education also helps them in calming the parties in case of conflict and they act as reference points in future. Those who do not have any education background assist in upholding the traditions in conserving environment and proper use of land as per the elders’ calls, these group treasure decisions made by poy since it is the only institution they feel comfortable with.

The government officers’in charge of land in West Pokot County represented in this study were all learned and possess post-secondary education as shown in Table 4. The knowledge and the skills helps them to manage the public land and communal landon behalf of the community as provided for in the Kenya Constitution, 2010 or any other law related to the matter under study.

The level of education as indicated in Table 4 is significant to this study because those who do not have basic education especially the council of elders, households heads and the disputants holds the view that indigenous means is the best for them since they understand the process better, the process is simple, the deliberation is conducted using

local language, it is cheap in terms of cost of hearings and fines and the culture of the people is used as reference material throughout the process. On the other hand, those with basic education use their knowledge to strengthen the indigenous means or give alternative mechanism that may conform to the laws of Kenya in relation to matters land and conflict resolution.

4.2 Recognition of ICRM on Land Use Disputes

The table below show whether respondents recognise ICRM on land use disputes. This question was answered by all respondents in all categories which included; chiefs and assistant chiefs, the disputants (complainants and the accused), ministry of lands and physical planning officers, council of elders and households’ heads

Table 5 Recognition of ICRM on land use disputes

Response Frequency Percentage (%)

Yes 387 72.47

No 110 20.6

Not Sure 37 6.91

Total 534 100

Source: Field, September, 2017

The respondents were asked whether they recognise ICRM on land use management and the conflict arising from it. It shows that72.47% of the respondents opted for ‘yes’, those who do not recognise stands at 20.6% and those who are not sure stands at 6.91%.

Those who do not recognise Indigenous Conflict Resolution Mechanism did value the modern system of conflict resolution and they may belong to the young generation and largely the educated group. According to Kirby (2006) the modern system failed totally

in Northern Part of Ghana and the locals even sought the assistance of NGOs. The group that is not sure may not be aware of the existence and the role played by ICRM in

Pokot Central Sub-County.This means that most of the respondents recognise ICRM because they value the work done by the parties involved and the process which leads to harmonious living at the end.

4.3 ICRM Performance Rating

Table 6 shows the interpretation of the question asked to those who answered ‘yes’ in

4.2.1 to rate ICRM performance.

Table 6.ICRM Performance Rating

Rating in percentage (%) Frequency Percentage (%)

1-20 35 9.54

21-40 50 13.62

41-60 97 26.43

61-80 121 32.97

81-100 64 17.44

Total 367 100

Source: Field Data, September, 2017

The respondents were asked to rate the performance of ICRM in matters land use management and their response were as follows; majority of the respondents rated performance of ICRM at (61-80)% at 32.97% followed by (41-60)% at 26.43%, (81-

100)% at 17.44%, (21-40)% at 13.62% and lastly (1-20)% at 9.54%. This indicates that majority of the members of the community represented by respondents have trust in the

ICRM as institution scoring 32.97%. This means that Pokot Central as society is rich in culture and traditions of conflict resolution in matters land use disputes.

4.4 Roles of ICRM Actors on Land Use Management

Table 7 overleaf indicated the respondents’ responses in relation to the different roles played by different actors in matters ICRM on management of land use and the challenges that are related to the usage of land within Pokot Central.

Table 7.Roles of ICRM actors

Actors Roles Strongly Disagree agree Strongly agree Not sure Total disagree

F % F % F % F % F %

Counci Mediators 8 8.08 7 7.07 53 53.54 30 30.30 1 1.01 99 l of Elders Arbitrator 3 3.03 1 1.01 68 68.69 26 26.26 1 1.01 99

Decision maker 7 6.86 6 5.88 60 58.53 29 24.43 0 0 102

Peace maker 1 1.05 3 3.16 51 53.68 40 42.11 0 0 95

Consult spirits 4 4.12 6 6.19 54 55.67 32 32.99 1 1.03 97

Disput File case 0 0 1 2.63 24 63.16 13 34.21 0 0 38 ants

Defense 1 1.5 0 0 16 40 23 57.5 0 0 40

NGAO Decision makes 3 15 6 30 4 20 5 25 2 10 20

Mediators 2 10 1 5 8 40 8 40 1 5 20

Peace makers 0 0 0 0 10 50 9 45 1 5 20

Chair 6 30 7 35 3 15 4 20 0 0 20

Permit 5 10 8 40 3 15 4 20 0 0 20 traditional oath

Househ Witness 47 13.58 58 16.76 99 28.61 133 38.44 9 2.6 346 olds Heads Decision 76 21.17 89 24.79 98 27.3 87 24.23 8 2.23 358 makers

Peace makers 62 17.22 78 21.67 97 26.94 117 32.5 6 1.67 360

Lands Management of 0 0 2 66.67 1 33.33 0 0 0 0 3 offices communal land

Manage public 0 0 0 0 2 66.67 1 33.33 0 0 3 land Solve land 0 0 2 66.7 1 33.33 0 0 0 0 3 dispute Source: Field Data, September, 2017

From table 7 the study indicates that council of elders play very important roles in Pokot community. According to the study their main duties include decision making, arbitration, Peace-making, mediation and as link between the living and the dead or consult spirits during hard times.Table 7 further shows rating of different roles in descending order. The first was arbitration which was agreed upon by 68.6%, making very important decisions at 58.5%, linking the community with ancestors and make consultation during oath taking at 55.6%, peace-making at 53.6% and as well sign of peace and at 53.54% council of elders mediate as third party which means they stand on a neutral ground and they who brings the warring parties together. In relation to this, council of elders from other communities play almost similar roles as indicated by

Macharia (2016) he stated that NjuriNcheke’s roles on conflict resolution were peace crusade and instilling discipline rated at 65% and 70% respectively.

The interviews were of great help to the study. It made the following contributionto the findings: council of elders do permit mumain case conflicting partiesneed, poypresided over meetings and cases within their jurisdiction; Some of the respondents said that the former Chief Justice Willy Mutungagave them powers to deal with cases in grassroots in the best way known by the community; council of elders are involved fully in the whole process until the end which was marked by greeting as a sign of peace. It was also found that elders and clan leaders allocate land to their children to avoid future conflicts. Allocation of grazing land and cultivation during different seasons was the mandate of the council of elders. As a sign of hope and peace during hard times, council of elders’ presence in conflict resolution was of great need.

Responses indicated clearly that the respondents had enough knowledge on the roles played by the disputants. 63.16% and 34.21 % of the respondents agreed and strongly

agreed respectively with the role ofpresenting their cases before the elders. 57.5% and

40% strongly agreed and agreed respectively that their role is to defend themselves and they would expect justice.

As shown in table 7 the residents of Pokot Central Sub-County have confidence in council of elders because of experience and wisdom they have in matters land use and conflict resolution. From the interviews, the disputantsbelieved that elders are the best in handling issues relating to boundary(kagh-pa rotiot)because of their ages.During oath taking weroptio (son to clan’s daughter) were very important actors and they must be present as they act on behalf of either parties. It was the role of each party to look for weroptio who are entitled to hold tontolwo for the purposes of mumaand they are also closing ceremony to make the end of conflicts. Inclusion of weroptiomeans the consequences of muma are very harsh since it wipes the entire clan and sons to the daughter of the clan.

The respondents’ answers to the question on the roles of national government administration officers indicates that peace-making was agreed and strongly agreed by

50% and 45% respectively, mediation 40% strongly agreeing and agreeing. Lastly, decision making was rated at20% and 25% strongly agreeing and agreeing respectively.

However, 35% and40% of the respondents disagreed with the roles of presiding over meetings and permitting traditional oath. Contributions through interviews showed thatassistant chiefs and chiefs do not have much influence on cases of land under council of elders. In contrary to Pokot land, Morena (2008) put that Chiefs and the

Paramount Chief who are government officers are involved fully in cases on land issues in community level. Among the roles of Chiefs and Paramount Chiefs who head traditional courts in Botswana are to make determination of cases and give their opinion

on the same. This means unlike in west Pokot land, government officers in Botswana have some influence in traditional mechanism on solving communal issues including land.

The households’ heads play vital roles in relation to this study. As indicated in the table

7, 28.61% and 38.44% agreed and strongly agreed with the role of witnessing in these cases and the whole process, the second option was peace-making at 26.91% and

32.55% agreed and strongly agreed respectively and lastly 27.3% and 24.23% agreed and strongly agreed with the option of decision making. Households’ heads presence in every stage is important for the purposes of reference, so they act as witnesses. Being witness for either of the parties adds value to the evidence presented to elders for the purposes of making determination.

Pokot people value so much the presence of a neighbour (poror).Because the live in rural Pokot land is communal then once neighbour will be the first person to assist in times of need. In this context, households’ heads take place of neighbours to conflicting parties. Paror play a big role in giving moral support and assist in providing various material supports like food or local brew for the day. They also act as observers and thereafter give piece of advice on where to improve while presenting or defending.

At some point in the course of hearing, witnesses are called to give their side of the story. Households’ heads also play significant role especially when violence erupts.

Because they stand on middle ground they are in better position to calm the situation and make peace.

Department of Lands, urban and physical planning officers represented by33.33% and

66.67% strongly agreedand agreed respectively with the responsibility of managing

public land.Concerning communal land, 33.33% agreed to have an influence on its management and 66.67% disagreed on managing land that belongs to the community.

33.33% agreed to take part in resolving land conflict and 66.67% disagreed. Therefore, management of land that belong to the public is responsibility of government officers in charge of department of land. Lands officers’ power is determined with the type of land ownership. For example, communal land ownership is purely under local elders and government officers for land do not have power on its management. Managing of public land is the duty of officers in the department of land and in some cases the officers requires support from local elders in case there is need for land for public use like establishment of schools, health facilities cattle dips. In Pokot central most of the public lands were allocated by the elders for free. The joined efforts by the locals and the government officers’ matters public land contributed to proper management of the government properties from ill motive people.

From the interviews, it was noted that land officers do not at any given time engage on issues related to indigenous conflict resolution mechanism and communal land including solving disputes arising from the land. The officers only participate in matters brought to courts.The process of legalizing land ownership in Pokot central has not started. Some parts of Sekerr, Lomut and Wei Wei Wards are in the process of acquiring legal documents but 90% is still under clan elders.

Akan and the Tswana people include traditional herbalist,diviners and healers in land issues (Osei-Hwedie, Kwaku and Rankopo, Morena, 2008)while, Pokot have poy, disputants and witness and presence of elders are highly appreciated.

4.5 Implementationof ICRM Process on Land Use Management

4.5.1 Respondents awareness of Any Case Handled by Council of Elders

Table 8 shows how respondents answered to the question whether they were aware of any case handled by council of elders. This question was expected to be answered by

(disputants, national government administration, and households’ heads).

Table 8.Whether respondents are aware of any case handled by council of elders

Response Frequency Percentage (%)

Yes 301 70.31

No 100 23.34

Not Sure 27 6.31

Total 428 100

Source: Field Data, September, 2017

Table 8 above indicates that 70.31% were aware of any case handled by council of elders, 23.34% do not have any knowledge and 6.31% were not sure. This means that majority of the society members are aware of the cases handled by council of members and small percentage are not sure of whether they have seen it or not. This is supported by Macharia (2016) who found that62.5% of disputes are settled at NjuriNcheke Houses while 12.5% concerning land boundaries are resolved at the places they happened.

4.5.2 The Success of Cases Handled By Council of Elders

The table below shows the responses on whether the above cases were successful and the question was expected to be answered by those who answered “yes” in 4.5.1 above.

Table 9. The success of cases handled by council of elders

Response Frequency Percentage (%) Successful 220 73.09 Unsuccessful 56 18.6 Not Sure 25 8.31 Total 301 100 Source: Field Data, September, 2017

Table 9 shows 73.09% of the respondent indicated that the cases were a success, 18.6% unsuccessful and 8.31% were not sure whether it was successful or not. This means that most of the cases handled by council of elders do succeed.

4.5.3. Process of Conducting ICRMon Land Use Management

From the questionnaires administered to the respondents who included the national government administration (Assistant Chiefs and Chiefs), disputants and households headsand the respondents were asked to narrate how the cases handled by council of elders were conducted. Through interviews, the council of elders were asked to narrate the procedures followed from the start of a case to the end when the parties come in terms again.

Land use for long has been mismanaged and because of this mismanagement there have been lots of conflicts arising from the use of the scarce resource in Pokot land. From the interviews and the questionnaire it is evident that council of elders play a great role in ensuring that land is properly managed for future generation. As narrated by one of the elder in the course of interacting with the study “it is the current generation that is responsible for all the messes that the society is facing in matters land. The young generation with the influence of western life style of individualistic kind of possession that overturned the game leaving the elders with their communal ownership helpless.” 58

Land use management is the sole role of clan leaders because the land is largely communal owned in clanship. When an old man is in his deathbed he may make oral will dividing property to his son only unlike the Kipsigis elder who calls his wife(s) and all children for the purpose of will (Karuiki, 2015). In relation to this Pokot community do not recognise their daughters’ in sharing their property including land

Pokot community value so much land for the purposes of agricultural production for both crop and animal keeping and any sign of tampering with it attracts council of elders intervention and indigenous conflict resolution mechanism take part in resolving conflict arising from land use.

Among the Pokot community land use conflict resolution through indigenous means start right from the household, clan(s), neighbors, village(s) and proceed to advance levels. Once the disputants put forward their case before kokwopoythe process start by inviting the interested parties who include poror(neighbours) who act as sowu(witness) in this case the households’ heads, the claimant(s) is given the opportunity to present his/her/their case followed by the accused defending the accusation, witnesses are called to present evidence and thereafter poy ask questions and finally make ruling.

If one party is not satisfied with the verdict he/she/they can appeal to council of elders of higher levels like location, sub-county and finally county level who conduct the process in a more detailed manner since many witnesses are invited and assistant chiefs, chiefs, and county commissioners.

After the verdict and still one of the parties is not satisfied they can ask for muma/msua(oath) from kokwopoy. Poy will advise both parties to do thorough consultation with clan members since mumaaccording to Pokot community cost people

lives. When the parties are through with consultations and agree to pursue the oath then poy will issue the traditional oath permit.

Once the permit is ready the kokwopoy will then ask the parties to consider the following requirements for the purposes of muma: identify place within the land in question as the venue for the oath, look for their specialist who will perform the ritual on the material day, each party get weroptiowho will represent the party, tontolwo and other ritual charms, oywo (traditional hoe) among other requirements. On the material day the specialists will lead the occasion with all parties involved and the witnesses, performingseveral activities best known by the specialists.

After msua, the parties will wait for the verdict from spirits whose time is not defined; the results will be death that wipes the entire clan. During the waiting period the land in question shall not be cultivated or do any development in it. The verdict which is referred to as sikirio (deaths) happens in unusual way. When the results are experienced the affected clan raise an alarm informing poy of the happenings and if they wish to bring back msua, then the elders will advise them to go get the specialist who performed the rituals for the purposes of protecting more deaths and it will also be a sign of guilt.

The party proven guilty will then pay the cost incurred during the entire process and agree to surrender the land to the rightful owner among other conditions. When all the conditions have been met, the specialists will then break the oath and life resume to normal.

Pokot traditional mechanisms of solving land cases is purely traditional and does not at any point involve government officials unlike the Tswana community who includes

government officials in the course of the process especially appealing cases to traditional courts headed by chief and paramount chief (Morena, 2008).

4.6 Challenges in Implementation of ICRM on Land Use Management.

All respondents were asked whether they agree with the following challenges facing the implementation of ICRM on land use management and their responses are shown in the table 10 overleaf.

Table 10.Challenges facing the implementation of ICRM on land use management

Challenge Strongly Disagree Agree Strongly Not Sure Total Disagree Agree F % F % F % F % F % Conflicts 97 18.41 113 21.44 137 26 102 19.35 78 14.80 527 between modern and indigenous justice system Modernization 42 7.92 98 18.49 187 35.28 153 28.87 50 9.43 530 of land use management Weak 55 10.42 103 19.51 177 33.52 152 28.79 41 7.77 528 government policies on indigenous justice system Locals not 47 8.90 107 20.27 175 33.14 156 29.54 43 8.14 528 recognizing and appreciating indigenous systems Government 56 10.56 101 19.06 164 30.94 164 30.94 45 8.49 530 officers not recognizing indigenous institution No proper law 69 12.92 99 18.54 152 28.68 165 30.90 49 9.18 534 supporting indigenous means Entry of 95 17.79 114 21.35 125 23.41 134 25.09 66 12.36 534 Christianity

Source: Field Data, September, 2017

From table 10 above,it indicates that modernization of land use management has had negative impacts on proper implementation of Indigenous conflict resolution mechanism at 35.28% and 28.87% agreeing and strongly agreeing with the challenges respectively. In some cases where land adjudication has been done and legal documents on ownership of land has been issued or in the process of issuing, any conflict pertaining to that property is handled by the government department in-charge of 62

lands.As put by Meitzner Yoder (2003) concerning the ownership of land, he stated that using ICRM in conflict arising from the ownership especially private and traditional land owner fail to solve the ownership problem.

It was also noted thatweak government policies on indigenous justice system as a challenge, as shown in the table above 33.32% and 28.79% of the respondents agree and strongly agree respectively with the statement that weak government policies on indigenous justice system contributed to poor implementation of the traditional justice system. The residents of Pokot Central Sub-County feels that the weak government policies supporting indigenous means contributed in large extend to people going to courts to challenge the rulings made by the elders and cause unnecessary litigations and further conflicts among the original disputants and the community at large. The government of Kenya through the Ministry of Lands in its National Land Policy, 2016 has not developed clear framework for communal land use and solving disputes arising from ownership, utilization and access to communal land (Ministry of Land and

Physical Planning, 2016)

Table 10 also indicate that some common wananchi at times donot recognise and appreciate indigenous system, at it is shown in the above table 33.14% and 29.54% agree and strongly agree respectively with the statement or the challenge of non- recognition of indigenous system.Local residents at times do not value the role played by elders because of the conduct by some elders who sometimes partake in unwanted behaviours and these degrade the good name that the Pokot forefathers built in many years. This challenge is supported by Macharia (2016) who stated that 75% of the youth and elites disregard NjuriNcheke institution.

No proper lawsupporting indigenous means at 28.68% and 30.90% agreeing and strongly agreeing with the statement as asked in the questionnaire. Members of the community felt that the constitution of Kenya has not stated clearly and given clear mandate to the council of elders. The parliament of Kenya has not also come up with any Act of Parliament in relation to the structure of operation and the general workings of the council of elders in the republic of Kenya.

Introduction of Christianity by the Europeans during colonial period contributed to poor implementations of the traditional system of justice. The table above indicates that 23% and 25% of the persons involved in the study as respondents agreed and strongly agreed with the statement that entry of the foreign religion had negative impacts on the implementation of ICRM. According to the locals, Christianity came to being in West

Pokot at around late 1940s by a Catholic priest Fr. Leos Stable locally known as

Lokomol, by 1970 catholic parish was established at Sigor. At first Fr. Lokomol incorporated cultural practices with the church customs and in so doing, he won the souls of many people, but as the church grew the local traditions of the people started eroding. The new religion was alleged to have diluted the existing cultural practices as far as land conflict is concerned and its local ways of dealing with the disputes. This challenge is supported by Macharia who found out that the njurincheke work faced hostility from some religions at 37.5% which is slightly higher than kokwopoy challenge on the same groups.

The study noted that there exists conflict between modern and indigenous system. As pointed out in table 10 above, 26% and 19.35% agree and strongly respectively. The modern justice wanted their space in exercising their powers fully as mandated by the constitution and other laws of the landand on the other hand, the elders wants the

cultural practices to prevail and their traditions sustained for generations to come. Pokot

Central Sub-County which is in the process of adjudicating land and transferring most of the land from communal ownership to private ownership, although it has not fully operationalized, it is facing lots of challenges in relation to whether disputants file their cases before courts or seek local mechanism.

It was also found from the interviews that some of the parties collude with some of the council of elders or the most influential elders and the national administration officers to partaking in corrupt dealings. These unlawful and irregular practices according to the laws of Kenyaand the norms and the traditions of Pokot community works against the weak in the society like orphans, widows among other vulnerable in the society. This is contrary to the NjuriNcheke, Macharia and Kirema (2016) pointed out that 85% of the respondents indicated that the council of elders’ operations are free from corruption.

Respondents argue that sometimes the council of elders and witnesses are attacked by the party that lost a case especially in the early stages of conflict resolution. The

Assistant Chiefs and the Chiefs at local levels are responsible for provision of security to all parties. The security of all parties involved in dispute resolution is paramount and it has to be guarded at all cost. Lack of security makes the council of elders and the witnesses develop fear and this negatively affects the quality of deliberation and thus compromise the work of ICRM institution.

CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATION

From the objectives, data collection and the analysis, the following summary, conclusion and recommendations were made. The responses were based on the objectives of the study and the purpose of this study was the influence of indigenous conflict resolution mechanism on land use management.

5.1 Summary This study found the following finding basing on the objective: land use management is a collective responsibility of all actors in the community led by the council of elders.

Government officials have little role in communal land, they manage public land with the support of the elders.

It was found that an oath is the last step in solving land disputes and the elders uses it as an approach for managing land and lasting peace in community. It results of are the most feared and most people do not attempt. That is why wide consultation among clan members is conducted before one opts for muma.

Indigenous means of conflict resolution faced several challenges which include: non recognition by the government and also some members of the community, Christianity, weak government laws and policies, conflicts between modern and justice systems and insecurity among others. These challenges hindered the performance of the indigenous mechanism.

This study found out that indigenous conflict resolution mechanism is the best option for management of land use in Pokot Central Sub-County.

5.2 Conclusion

Community members of Pokot Central Sub-County recognise indigenous conflict resolution mechanism and the work done by the council of elders.This was evident by the respondents’ majority rating at (60-80) %. It was also found that there exist poor management of land use that resulted to rampant conflicts. Indigenous conflict resolution mechanism and the actors involved play different roles aimed at proper management of land, solving conflicts arising from land use and maintaining stability in the community including peaceful co-existence among the community members.

Council of elders among the Pokots are highly respected and trusted in dealing with matters related to land. Most of the lands are owned by clans and it was the responsibility of clan leaders to inform the young generation about the truth and the history of their land. With this history, it becomes easy to identify the true owner of the land in question. The aged person among the Pokots in his deathbed may call his children and make oral will on sharing of their properties including land. However, in

Pokot community it is only male children who are entitled to any share of land. The oral will made by the elderly person is usually respected and it will be used by council of elders to make determination in case of conflicts among the children.

Pokot is generally patrimonial society where every important decision affecting the society must be pronounced by a man. In this context, men have an upper hand in any deliberation concerning land matters. As indicated in chapter four all council of elders are men and they will only need woman input if need be but the information got may not influence elders decisions.

Among the many roles played by elders in settling disputes as a result of ownership, access or the right to use land, are presiding over cases, arbitration, mediation, peace- making and peace-keeping, permitting traditional oath, linking the living and the dead in form of consultation or praying to the supreme being and allocating land to their children. One elder is selected among the clan elders to chair proceedings of hearing.

Conflicting persons makes sure they present or defend their cases properly with their witnesses, in case of an oath they have to avail the required material, and if one is found guilty he/she has to comply with the rules set. Households’ heads presence in these cases play significant role ranging from witnessing, mediating, making peace, uniting disputing parties, calm situation in case of physical or verbal violence

National government administration officers on the other hand, represent the government in matters security of people and their properties including land and the mutual peace among community members, mediating and providing peaceful environment for engagements, they make sure that the security of every stakeholder is guaranteed and protected. To achieve the role of provision of security, Chiefs work with national police reserve for the purposes of providing security and maintaining law and order. In this context, government officials in the ministry of lands have little role in matters ICRM, they only come when conflict touch on private and public land and they only participate fully when the conflict goes in modern justice system way.

ICRM process of solving land use disputes take several stages before peaceful coexistence is met. All activities are conducted in open grounds. Before muma/msua which is the peak of this process is reached; it must start from the ground with family and neighbours solve the case, whenever one party is not satisfied he/she has all the right to make appeal to the council of elders of the higher levels. When all alternatives

have failed then muma is done as the final alternativewhich is the most feared practise and most of the disputants do not like it because it concerns loss of life and the verdict(sikirio) is only given by gods through deaths of the clan members. Kokwopoy will be informed of the disaster by only the affected party and the guilty party will pay the cost asked by the elders before breaking the oath and thereafter peaceful coexistence among the parties.

Indigenous conflict resolution mechanism faces several challenges in its implementation. Some of the challenges include: modernisation of land use management, weak government policies on indigenous system, non-recognition of indigenous systems by the locals and the government officials, conflicts between modern and indigenous justice systems, corruption among some of the parties involved in the case and lack of structured and proper security for the council of elders and the witnesses.

ICRM according to the residents of Pokot Central Sub-County was the best mechanism to solving land use disputes and also bringing order in the management of the scarce resource in the community.Kokwopoy institution was also seen as the hope of the current and future generation in management of land and all that pertains to it like conservation, allocation, controlling, access and ownership of the land.

5.3 Recommendation

The study recommends that for proper management of land and solving conflict related to its use, council of elders should actively be involved. Apart from land disputes, resolving other local disputes can be better handled by the indigenous conflict resolution mechanism since Poydo have wealth of experience in matter land use

management and conflict resolution.Poy within the community have clear knowledge in relation to ownership of particular land and therefore they are in the best position to bring lasting solutions to problems related to land use.

This study also recommends that the parties involved needs to have basic education.

The county government needs to strengthen adult education referred to us kumbaru schools and provide an opportunity for large number of council of elders and the illiterate populace get access to the education as provided for in the constitution of

Kenya which says every citizen has the right to basic education. The education will assist the elders and other stakeholders in this process to making strong and lasting decision that conform to the laws of the land.

As seen in some parts of the world women being involved in the affairs of the community. Pokot community needs to appreciate the roles played by women in household set up and include them in making important decisions in matters affecting society and be included in the circle of council of elders. Women may also have some knowledge and wisdom that may add value to elders’ decision making. The government of Kenya need to put in place proper mechanisms that protect decisions made by elders and provide the authority the elders have. Come up with detailed piece of legislation and policies that guides their work. The community needs to be sensitized on to appreciate the work done in indigenous means of solving conflicts and comply with the ruling made. Indigenous actors need to be taken through formal training in order for them to have knowledge on modern laws which may affect their work if not followed properly.

Implementation of ICRM process among the Pokots is a paramount journey that has to be followed to the latter and in so doing the results become valid. The credibility of the process is determined by the kind of elders involved and the decisions made. The government needs to draft procedure to be followed by the elders that conforms to their different cultures. The process needs to be kept in the custody of the ministry of culture and the ministry of land as reference.

From the study ICRM faces lots of challenges right from the locals to the government.

The study suggests that the security of the council of elders and the security of the information be guaranteed. The government should get involved fully in order to preserve these cultural practices that identify who we are as community or nation.

Africa and Pokot community is identified by the way they do thing including solving disputes. Without proper custody of this process, there is possibility of cultural extinction. The laws of Kenya need to be clear on the use of traditional means of solving conflicts because the constitution allows the use of the mechanism and at some point it limits its power without clearly defined borders.

The indigenous conflict resolution mechanisms need to be strengthened and given full power and trust it deserves so that it can be able to discharge its duties freely and make just judgements and decisions for the common good of the society.

5.3 Suggestions for Further Research

The study found other areas that need further study. These areas includes; the effectiveness of women involvement in indigenous conflict resolution mechanism, the role of government officials in communal land, the effectiveness of an oath in settling disputes and Strengthening indigenous conflict resolution mechanism in matters land so

that one can come up with solutions to dealing with unstable institutions especially indigenous ones, Collaborating indigenous and modern justice in land use management and conflict resolution.

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APPENDICES

Appendix I: Letter of Introduction

Dear Respondent,

RE: Data Collection on MPA Research Project

I am a Master Arts in Public Administration and Public Policy student at Kisii

University and in my final year of study. As part of the requirement for graduation, I am undertaking a research to national government administration officers, council of elders, disputants and households’ heads.

In this regard, I am kindly requesting for your support by responding to the attached questionnaire. Your accuracy and candid response will be critical in ensuring objective research. It will not be necessary to write your name on this questionnaire and for your comfort, all information received will be treated in strict confidence. In addition, the findings of the study will solely be used for academic research purposes and to enhance knowledge in the field of public administration. Thank you.

Yours faithfully

Name

LOMUK MUSTO JOHN

Registration Number

MAS15/60047/14

Appendix II: Questionnaire

This questionnaire is designed to collect data on the influence of indigenous conflict resolution mechanism on land use management with reference to Pokot Central Sub-

County. The data shall be used for academic purpose only and it will be treated with confidentiality it deserves. The respondents are highly encouraged and persuaded to respond to the statements in this questionnaire in the most truthful and objected way possible. Your participation in facilitating this study will be highly appreciated.

Kindly ticks ( ) in the space provided with the correct answer or supply the required information where required, please specify and elaborate.

Part A: General Information

1. What is your sex? Male ( ) female ( )

2. What is your age bracket?

18-25 ( ) 25-35) ( ) 36-45 ( ) 46-60 ( ) 61 and above ( )

3. What is your highest education level?

Not attended school ( ) Primary ( ) Secondary ( ) Post-Secondary ( )

4. Which category do you belong?

National government administration ( )

Council of elders ( ) Disputants ( ) households heads ( )

Part B: Specific Information

1. Do you recognize indigenous conflict resolution mechanism in land use disputes?

Yes ( ) No ( ) not sure ( )

If yes, how do you rate their performance?

1-20% ( ) 21-40 ( ) 41-60% ( ) 61-80% ( ) 81-100% ( )

2. Do you agree with the following roles of different actors involved in indigenous conflict resolution mechanism in relation to land use management and conflicts arising from land?

Actor Role Strongly disagree agree Strongly Not

disagree agree sure

Council of elders Mediators

decision makers

peace makers

Consult ancestors

Disputants File their case

Defense

National Decision makers

government Mediators

administration Preside over the

meeting

Permit traditional

oath

Households heads Witness

decision makers

peace makers

3. How do you rate council of elders in discharging their duties in matters land use conflict?

1-20 % ( ) 20- 40 % ( ) 40-60% ( ) 60-80% ( ) 80-100% ( )

4. (i) Are you aware of any case handled by council of elders? (Disputant, national government administration, households’ heads)

Yes ( ) no ( ) not sure ( )

(ii) If yes, was it successful or not? Successful ( ) unsuccessful ( ) not sure ()

(iii.) If it was successful, can you narrate how it was conducted?

……………………………………………………………………………………………

…………………………………………………………………………………………..

5. Describe the process of indigenous conflict resolution mechanism in solving land use disputes? (Council of elders only)

......

6. Do you agree that the following challenges face implementation of indigenous conflict resolution mechanism? 80

Statement Strongly disagree agree Strongly

disagree agree

Conflicts between modern and indigenous justice system

Modernization of land use management that needs modern justice systems

Weak government policies on indigenous justice system

Locals not recognizing and appreciating indigenous systems

Government officers not recognizing indigenous institution

No proper law supporting indigenous means

Entry of Christianity

7. Do you agree that the following mechanisms will strengthen ICRM?

Mechanism Strongly disagree agree Strongly

disagree agree

Government should involve

council of elders fully in

matters land use management

Government should come up

with policies guiding ICRM

in consultation with council

of elders

Sensitize the community on

the importance of ICRM

Council of elders should

work closely with the

judiciary

Government should come up

with legislation on ICRM

Appendix III: Interviews i) Who are the main actors involved in solving conflicts related to land use?

……………………………………………………………………………………………

………………………………………………….

ii) Among the residents of Pokot central sub-county, state some of the methods used to resolve land disputes as local mechanisms?

……………………………………………………………………………………………

………………………………………………………………………………………….....

......

...... iii) Is there any challenge faced in implementing indigenous conflict resolution mechanism in land use management? If yes, discus?

......

...... v) What do you think Kenya government can do to strengthen indigenous conflict resolution mechanism?

……………………………………………………………………………………………

……………………………………

Appendix IV: Roasoft Sample Size

Margin of error 5 %

Confidence level 95 %

95%

Population size 10849

10849

Response distribution 50 %

50%

Recommended sample size is 372

Appendix V: Map of Central Pokot Sub-County

Source: IEBC 2013

Appendix VI: Plates

Appendix VII: Research Permit and Authorization

Appendix VIII: Publication

Appendix IX: Plagiarism Report