EFFECTIVENESS OF LEGAL AND NON-LEGAL PROCESSES IN MANAGING LAND

CONFLICT IN NAROK COUNTY 1990-2020

BY

CHEPCHIRCHIR NURUDEEN

REG NO: BEDA/2021/73666

A RESEARCH PROPOSAL SUBMITTED TO MOUNT KENYA UNIVERSITY IN

PARTIAL FULFILMENT OF THE REQUIREMENTS FOR UNDERGRADUATE IN
EDUACTION ARTS IN HISTORICAL METHODS OF RESEARCH

MOUNT KENYA

2021
 TABLE OF CONTENT
DECLARATION..............................................................................................................................................3
ABSTRACT....................................................................................................................................................4
CHAPTER ONE..............................................................................................................................................6
BACKGROUND TO THE STUDY........................................................................................................6
STATEMENT OF THE PROBLEM.......................................................................................................6
OBJECTIVES OF THE STUDY.............................................................................................................7
HYPOTHESIS OF THE STUDY............................................................................................................7
SIGNIFICANCE OF THE STUDY.........................................................................................................7
LIMITATION OF THE STUDY.............................................................................................................7
CHAPTER TWO.........................................................................................................................................9
LITERATURE REVIEW........................................................................................................................9
INTRODUCTION...................................................................................................................................9
LEGISLATIVE FRAMEWORK.............................................................................................................9
EFFECTS OF THE LEGAL SYSTEM ON LAND CONFLICT MANAGEMENT.............................10
CHAPTER THREE...................................................................................................................................11
RESEARCH METHODOLOGY...........................................................................................................11
SOURCE OF DATA.............................................................................................................................11
RESEARCH DESIGN...........................................................................................................................11
DATA COLLECTION PROCEDURE..................................................................................................11
SAMPLE SIZE AND SAMPLING PROCEDURE...............................................................................11
DATA ANALYSIS...............................................................................................................................11
CHAPTER FOUR.....................................................................................................................................12
CONCLUSION.....................................................................................................................................12
RECOMMENDATION.........................................................................................................................12
REFERENCES......................................................................................................................................13
 DECLARATION
Declaration by the Student

This research proposal is my own original work and has not been presented in any Institution for

the award of any certificate. No part of this paper should be reproduced without my consent or that of Mount

Kenya University.

Sign………………….. Date…………………

CHEPCHIRCHIR NURUDEEN

BEDA/2021/73666

Approval by the Supervisor

I confirm that the research proposal has been conducted by the candidate under my supervision.

Sign………………….. Date……………………

Dr.

Schools of Education

Mount Kenya University

 ACKNOWLEDGEMENTS

This study is a result of support from several sources and I wish to acknowledge them all. First,

great thanks to the Almighty God for the sustenance and strength He has accorded me to carry

out this study. Secondly, thanks to my family members and friends for their love and moral

support through the time of my studies.

 ABSTRACT
The research will be done in Narok County mainly in Narok West, Narok East and Kilgoris sub
counties.
The aim of the research will be focused on the causes of land conflicts, methods of solving land
conflicts and the effectiveness of the methods applied in solving land conflicts
 CHAPTER ONE
BACKGROUND TO THE STUDY
Land is increasingly becoming a source of conflicts in Africa where land access had traditionally
been characterized as relatively egalitarian. It has been seen that local land conflicts can erupt in
large scale civil conflict. Some factors such as population increase, agricultural
commercialization and urbanization have contributed to the increasing number of land conflicts
and the current land tenure system in Africa may not be able to resolve such conflicts. In many
African Countries for institution for land administration were often simply based on traditional
structures without a clear description of responsibilities and competence.
Conflict in Narok is rooted on ongoing land issues and the rise of small scale tension through
spread of rumors. Land conflicts at the local level stems from issues of double leasing which
occurs when the owner of the land leases the land to two different people and thus creates a
conflict between the two, both of whom believe the land rightfully belongs to them. These small
scale conflicts over individual plots of land are worsen by a lack of local knowledge on how to
legally solve such conflict and a lack of alternative means for dispute resolution. A conflict
between different ethnic communities, leading these communities to arm themselves.
The function of legal process id to establish rules and procedures that equalize power of all
parties, hold all parties accountable for their actions and prohibit the accumulation of autocratic
power. Legal process provided a variety of means for the conflict resolution of disputes between
private individuals, between groups and the government. Sources of legal process can be broken
into: natural law. Conflict is inevitable in human interaction

STATEMENT OF THE PROBLEM

Conflict management of land through the legal process continues to face major challenges in the
current national and regional environment. Instability in neighboring countries has resulted in
increased cross border conflicts, proliferation of small arms and humanitarian crisis resulting in
the loss of life and properly. Institutional challenges such as the capacity of security forces and
other government agencies to prevent, mitigate and manage conflict remain despite the
recognition by the government of the need to proactively address conflict as a development issue
in collaboration with other partners such as the civil society, private sector and development
partners. Despite the increasing incidences of land conflicts, previous studies on this topic have
been limited to some specific incidence that are related to large scale civil strife conflicts. A
recent study also shows that rural households experience small-scale conflicts may have
significant impact on their agricultural productivity
This study will assesses the effectiveness of legal and non-legal process in managing land
conflict in Narok County, examines who have suffered from such conflicts and the impacts of
land conflicts

OBJECTIVES OF THE STUDY

I. To establish the causes of land conflict in Narok county
II. To examine the effect of legal system in managing land conflict in Kenya
III. To investigate the effectiveness of legal and non-legal processes in managing land
conflict in Narok County.

HYPOTHESIS OF THE STUDY

The study will test the following hypotheses.
I. The cases of land conflicts in Narok County have been driven by ethnicity.
II. There is high level of effectiveness of legal process in managing land conflict in Narok
County.
III. There is significant effect of legal system in managing land conflicts in Narok County

SIGNIFICANCE OF THE STUDY

It is hoped that this study will yield data that will be useful is establishing and appreciating
contribution of various policies in land conflict resolution
The study will attempt to inquire into the history of land conflicts and the essential
transformation.

LIMITATION OF THE STUDY

The study could have been organized to be carried out on all counties in Kenya, so as to make
recommendation for the whole county. But due to the size of the study area the researcher
preferred Narok County. The study limits itself to the study of effectiveness of legal and non-
legal process in managing land conflicts among the Narok people of Kenya.
Theoretical review
Theoretical construction such as institutional suggested by North have energized the need for
legal land review as a tool for increased efficiency in land use. In Kenya this will require
measures such as repeal amendment, revision and harmonization of land laws. The theoretical
argument for defining property rights and the use of law to govern land use depends on the costs
and returns, both social and economic, the comparisons of the various property rights, regimes
and the law enforcement. It is evident that such definition is not optimal in Kenya
 CHAPTER TWO

LITERATURE REVIEW

INTRODUCTION
The literature is reviewed according to the following themes, literature on formal justice in
Kenya on land issues, legislative framework and effects of legal system on legal process in
managing land conflict.
The formal justice system
This is the most predominant method of conflict management recognized under the law in
Kenya. Currently they include adjudication and arbitration. Countries like Kenya and South
Africa which were ruled by the British had English Common law imposed on them. It is also
acknowledged that some measure were made to retain certain African customs but under very
strict conditions. To ensure that the law performs its role of conflict resolution, the western legal
system laid great emphasis on courts. Courts were seen as the arbiters of disputes either between
the citizens and the state or between citizens themselves. Courts are central to dispute resolution
in the modern state. Courts by their nature are highly forma
Conflict management by judicial system has been seen a not effective by some people because
some of them are poorly informed of its legal rights and responsibilities, high costs and complex,
inadequate staffing of the judiciary and manipulation and selective application of the law in
certain instances

LEGISLATIVE FRAMEWORK.
Kenya is under the International law to ensure the security of its citizens ns promote their human
right that ensure they achieve their full potential for human development. Regionally, the Africa
Union, The New Partnership for Africans development (NEPAD) and the East African
Corporation (EAC) have established peace and security initiative whose mandates are to address
the scourge of conflicts by promoting collective security, durable peace and stability on the
continent.
Kenya has established two such Institutions and work to promote peace and stability in the
country. To respond to crisis caused by conflicts there is the regulatory regime at a national level
for conflict management that comprises of laws that establish formal adjudicating processes that
seek to administer justice in all civil and criminal matters empowering security forces and other
administrative agencies.
The relevant laws are contained in the constitution through the bill of rights and provision
relating to the administration of justice.

EFFECTS OF THE LEGAL SYSTEM ON LAND CONFLICT MANAGEMENT

The legal instruments outlined in the previous section and their application over the year has had
a number of outcomes with implication on land use and ownership and on agricultural
development in Kenya. The effects include: the existence of a dual tenure system comprising of
customary rights to land and individual title. A system of law that is inclined towards
individualization of land ownership multiplicity of formal land laws and therefore duplication of
agenda among varied institution. Excessive power in the hands of the executive in land
management and land governance and multiplying of land enforcement organization, raising the
cost of arbitration and conflict resolution.
 CHAPTER THREE

RESEARCH METHODOLOGY

SOURCE OF DATA
Data will be mainly derived from secondary and primary sources. The data collection tools for
the secondary data that will be used during research will be in depth information gathering and
document analysis
For the Primary interview will be used data that will be collected will include quotation opinion
and specific knowledge and background relating to the history of the conflicts and negotiations
that have taken place

RESEARCH DESIGN
The research design that the researcher will use will be descriptive survey method. This method
is preferred because it will allow prudent comparison of the research findings.

DATA COLLECTION PROCEDURE

The study will use an interview guide to collect the required data. It will make it possible to
obtain data required to meet specific objectives of the study the interviewer will be district
magistrates, courts, district commissioner in Narok , registrar of land in Narok

SAMPLE SIZE AND SAMPLING PROCEDURE

A sample of 500 respondents will be developed for this study from 3 counties in Narok that is
Narok East ,Narok West and Kilgoris. They will include district magistrates, district
commissioner, registrar of land and respondents from rural and areas will be included

DATA ANALYSIS
The data collected from the categories and population of respondents will be analyzed. The data
analysis will be carried out using description statistics. Analysis will be armed at deriving
succinct themes and categories so as to answer the projects guide questions.
 CHAPTER FOUR

CONCLUSION
In conclusion there is lack of coordination between legal and traditional land acquisition
management and dispute resolution in Narok County. The struggle exists between variety of
authorities and dispute resolution mechanisms. There is need of legal systems to work more
closely with traditional mechanisms and vice versa.
The legal systems lack the capacity to build long lasting consensus between parties involved in
land conflicts in Narok County. Unlike legal system the non-legal systems such as mediation
allows for capacity building workshops

RECOMMENDATION
Other than the provision of the legal system, the resolution of land disputes in the country
requires comprehensive strategy to address long term challenges. Alternative and durable
institutional and policy solutions are needed to resolve the land issue in the country.
The government of Kenya should create and regularly update a data base of all land disputes
cases in the country. A data base should contain details of and reasons for successes and failures
with data on beneficiaries. It should, among other things, facilitate follow up on all cases, for the
purpose of evaluation and to assist beneficiaries, should the need arise.
The study also recommends resolution of land dispute through medication because it has the
potential to facilitate interpersonal and intergroup understanding and reconciliation
Peaceful co-existence among residents of Narok County can be promoted by not focusing solely
on legacy channels but also by means of mediation
REFERENCES
Mugenda O.M & Mugenda , A.G “Research Methods :Quantitiative and qualitative approaches”
(Nairobi :Acts Press Siegal N. 20030
Kibwana K (2000).The efficacy of state intervention in courting the ills of individualization of
land ownership in Kenya in Wanjala S. (cd) Essay on land law: The reform dehate in Kenya
Faculty of law. University of Nairobi
MacFarlane J. (Ed) Dispute Resolution Reading and case studies (Toronto: Edmond
Montgomery Publication Limited 1999)
Ogolla B.D and J.W Mugabe(1996). ‘Land tenure system and natural resource management in
Juma C. and J.B Ojwang’ (eds). In land we trust :Enviroment. Private property and constitutional
changes. Initiative publishers Nairobi
Okoth Ogendo , H.W.O (1984). ‘ Development and the legal process in Kenya .An analysis of
the role of law in rural development administration: International Journal of the Sociology of law
12.59-83
 APPENDIX I: RESEARCH BUDGET

EQUIPMENT DESCRIPTION UNIT NO. OF AMOUNT

/ACTIVITY COST UNITS (Kshs)
PROPOSAL Typing and printing 50 20 50 1,000
pages @20 per page
Photocopying of 5 6 x 50 1,500
proposals
Pilot survey Transport to and from the 2500 2 5,000
field
Food and accommodation 1500 2 3,000
Photocopying of 50 5 250
questionnaires for piloting
Field Travelling 15 1000 15,000
Photocopying of 150 10 1500
questionnaires
Lunch and 2000 15 30,000
accommodation
SPSS computer Data analysis 30,000 1 30,000
package
proposal typing Typing and printing 20 120 14,400
and printing approximately 120 pages
proposal 120 10 6 7,200
photocopying
proposal Binding of proposal at 6 250 1,500
binding University price
Contingencies 10% of the total 11,035

Total 121,385
APPENDIX II: TIME FRAME OF THE STUDY
ACTIVITY March- August September, October, November December,
June 2021 2021 2021 , 2021 2021
2021
DATE
Proposal
writing
Correction
and piloting
of research
instruments
Data
collection
Data analysis
and proposal
writing
proposal
presentation
to supervisors
Correction of
the proposal
Final
proposal
writing and
presentation
for
examination