UTILIZATION OF INDIGENOUS KNOWLEDGE SYSTEM IN DISPUTE RESOLUTION MECHANISM AMONG THE MAASAI COMMUNITY IN KAJIADO COUNTY, KENYA

Guto  R.,  Wasike J., Karani J

Guto R., Wasike J., Karani J Chuka University, KENYA , Kirinyaga University, KENYA

Keywords: Indigenous Knowledge, Indigenous Knowledge System, Dispute, Dispute Resolution Mechanism, Kenya.

Abstract

Disputes and conflicts are ubiquitous occurrences with both negative and positive effects on social and economic development of societies and nations in Kenya. Numerous cases are outstanding in the formal court systems, despite the alternate dispute resolution mechanisms. There are numerous indigenous dispute resolution (IDR) mechanisms; hence the need for studies seeking to evaluate the positive contribution of the IDR mechanisms in dispute resolution among communities in Kenya. This paper examined use of indigenous knowledge system in dispute resolution among the Maasai community in Kajiado County, Kenya. The study employed a mixed–method research design. The target population was 5,202 individuals aged 75 years and above (including 55 locational chiefs, and 116 assistant chiefs) from four Sub-Counties of Kajiado County. 371 individuals were sampled through multi–stage sampling criteria. Data was collected using focus group discussions and questionnaires. Qualitative data was collected and analysed thematically while quantitative data was analysed descriptively. Results showed that indigenous knowledge was used in resolving land disputes, matrimonial disagreements, Livestock theft cases and interpersonal conflicts with elders arbitrating the cases.