Alternative Dispute Resolution Helps Solve 32-year-old Land Dispute

Kajiado, Tuesday, April 25, 2023

K.N.A By Rop Janet

Land disputes in Kajiado County take up a huge number of the case backlog in courts, with many remaining unresolved, thus denying aggrieved persons’ justice.

For 73-year-old Emily Leshinka, a resident of Kumpa, Kajiado Central, the battle for ownership of her 100-acre piece of land had drained her both physically and emotionally.

Leshinka, a mother of ten children has been embroiled in a protracted land dispute with Moses Nkosira that has spanned over three decades.

Leshinka says the 100-acre land in dispute was formerly owned by the community before the group ranch subdivided and allotted it to members and allocated the land to her family.

“I was allocated the Title Deed for this land, when the group ranch sub-divided land to members. We have lived in this land for many years, all my children were born here and I have even buried my husband here,” she says.

However, Moses Nkosira, was also handed a Title Deed for the same piece of land resulting in a protracted land dispute as no party was willing to give up ownership of the land.

It took the intervention of the Alternative Justice System (AJS) to resolve the long-standing dispute which saw Leshinka given legal ownership of the land.

Nkosira says after meeting with members of the AJS he decided to give up his claim on the 100-acre piece of land as Leshinka’s family have been living there for decades.

He said the decision was not easy to make, but he was now at peace and can now move on after being given the Title Deed to another piece of land in Ilbisil town.

“I was given the Title Deed to the 100-acre piece of land in Kumpa, however another family was also given the same title and have been living there for decades. After we met with AJS members I decided to let the other party have ownership,” said Nkosira.

According to the County Executive Committee Member (CECM) for Lands, Hamilton Parseina, the AJS model which was launched in Kajiado in 2021 has so far helped solve over 600 cases.

Parseina noted that Alternative Justice Resolution has reduced case backlog in the Kajiado courts, especially those pertaining to land as the residents are now embracing the traditional way of solving land disputes.

“We have solved over 600 land cases through the AJS, some of which had been dragging on in courts for years. With AJS cases are able to be solved within a shorter period of time compared to the courts,” said Parseina.

Parseina urged members of the community to seek alternative dispute resolution for land-related cases and succession matters to avoid adverse effects on family relationships due to prolonged court cases.

Chief Justice Martha Koome while launching the AJS model in Kajiado in 2021, noted that the system is aimed at providing alternative forms of dispute resolution mechanisms, including traditional approaches as long as they do not contravene the Constitution.

The system gives council of elders and religious leaders a bigger role to play in the justice system, thus reducing backlog of cases and tedious trips to court.

The CJ noted that the AJS will give Kenyans an alternative of solving disputes faster, adding that family disputes are better resolved in a non-adversarial process.

Koome said mediation and reconciliation processes, including those conducted within traditional justice mechanisms, would be ideal for resolution of family disputes.

She added that embracing alternative justice in resolving family and community disputes will help maintain cordial relations among families and neighbors once justice is obtained.

The Chairman of the National Steering Committee on the Implementation of the AJS Policy Prof. Justice Joel Ngugi urged Kenyans to embrace the AJS system as it ensures justice in a cheaper and faster way.

Unlike the court procedure that is strict, technical, complicated and rigid, Ngugi says AJS has a vast way of resolving disputes.

The AJS ensures all parties win and reconcile after resolving disputes. The process is usually supposed to take six months.

“Through the AJS, a land dispute which has spanned over 30 years in Kajiado has been resolved amicably. Leshinka and Nkosira families have now settled the case in a win-win situation, which would not have been possible if the case was adjudicated in court,” said Prof. Ngugi.

Courtesy K.N.A