Alternative Dispute Resolution: A Case Study of its Application to Intergovernmental Disputes in Kenya

Abstract

The Kenya Constitution (2010) and Intergovernmental Relation Act 2012, in conformity with the policy of devolution based on non-competitive governments through mutual co-operation and consultation, requires that ADR should be applied in the management of intergovernmental disputes. This study looked at the Intergovernmental Relation legal infrastructure, its implementation, challenges and made appropriate recommendations. The Kiambu-Muranga, Isiolo-Meru and Turkana-Baringo boundary and resource disputes were used as case studies. The respondents included County and National Government officials, community leaders, judicial officers, experts in ADR and members of the public. The research adopted an exploratory research design, using both qualitative and quantitative methods of data collection from a sample population of 60 respondents selected through purposive sampling method. The findings show that the Intergovernmental Relation Act 2012 is sparingly followed by both levels of governments. ADR is informally applied mainly in community-based inter-county conflicts while disputes between national and county governments are referred to as litigation. The main challenges facing the devolved governments include poor legal and institutional frameworks. The research recommended, inter alia, legal and institutional reform through amendment of the Constitution, IGRA and the related legislation. This reform should include the formulation of a national policy on ADR to give guidelines on its application in dispute management. The research is valuable to all stakeholders and policymakers.