The Levels of Participation for Men and Women in Resolving Community Conflicts Using ADR Mechanisms in Kapsokwony Sub-County, Bungoma County, Kenya

Authors

  • Benson Mutuku Muthama Kenyatta University
  • Prof. Grace Wamue Ngare Kenyatta University
  • Dr. Leah Njambi Wanjama Kenyatta University

DOI:

https://doi.org/10.47941/jgrs.504
Abstract views: 329
PDF downloads: 102

Keywords:

Gender equality, Participation, Alternative Dispute Resolution, conflit Resolution

Abstract

Purpose: This article outlines the levels of participation of men and women in resolving community conflicts using Alternative Dispute Resolution (ADR) mechanisms in Kapsokwony, Kenya. It highlights that ADR are currently considered participatory and inclusive processes to resolve community conflicts as they offer men and women a major stake in conflict resolution in society due to their roles and positions in society.

Methodology: Findings across the globe confirm that when men and women equally participate in resolution of community conflicts there is increased likelihood of reaching an agreement and of the longevity of the agreement. This implies that for effective ADR, the participation of both men and women would be crucial. The study was based on a mixed research method whose methodology involved research survey, interview and Focus Group Discussions.  In consideration of the fact that gender equality is strongly advocated for in conflict resolution, the study sought to establish the situation in Kapsokwony. The study therefore sought to assess the levels of men’s and women’s participation in ADR mechanisms in Kapsokwony.

Results: The study established that power was a factor that influenced the level of participation. Consequently, the level was simply established to be that of neutral/passive to a very high participation level of women participation in ADR mechanism. However, those that were participating at high levels in ADR were few and their power was invested in the office they held. Furthermore, the study established that in the Nyumba Kumi structure, women level of participation in conflict resolution was increasing from neutral/neutral to a higher level of participation where they fully participated in leading and influencing decisions on resolution of conflicts. This can be explained because the nature of the Nyumba Kumi structure allows for everyone to be actively involved in ensuring safety and welfare of the ten households’ members. Urban Thinkers Campus (2015) confirms that women are involved in ensuring safety in urban and rural settlements mainly through the Nyumba Kumi Initiative in which they are part of the leadership committee. 

Unique contribution to theory, policy, and practice: Alternative Dispute Resolution mechanisms help in creating an environment that fosters development, peace, and social justice amongst other positive values amidst community conflicts. The United Nations (2007) Declaration on the Rights of Indigenous People advocates for equal participation of men and women in the management of community conflicts. Participation of both men and women in ADR processes to resolve community conflicts in Kapsokwony Sub-county region is a field that studies have not adequately explored. This study hopes to contribute to existing literature on men’s and women’s participation in ADR for land disputes. The outcome of this study may be utilized to influence increased participation of women in ADR, within Kapsokwony Sub-county region. Additionally, the study’s findings will add to the growing body of literature pertaining to the participation of both men and women in peace building within the Kenyan context. Lastly, the findings of this study form the foundation upon which future research can be done

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Author Biographies

Benson Mutuku Muthama, Kenyatta University

School of Humanities and Social Sciences, Department of Sociology, Gender and Development Studies, 

 

Prof. Grace Wamue Ngare, Kenyatta University

 

School of Humanities and Social Sciences, Department of Sociology, Gender and Development Studies, Kenyatta University

Dr. Leah Njambi Wanjama, Kenyatta University

 

School of Humanities and Social Sciences, Department of Sociology, Gender and Development Studies, Kenyatta University

References

Adebayo, A. (2012). Managing Conflicts in Africa's Democratic Transitions. New York: Rowman & Littlefield.

Ansobi, L. (2011). Land Conflict and Management in Africa: the Case of Mt. Elgon Region in Kenya. Beau-Bassin: DM Publishing House LTD .

Antonia, P. (2012). From Clause to Effect: Including Women' Rights and Gender in Peace Agreements. Geneva: Center for Humaniterian Dialogue.

Baker, B. (2011). World Development: An Essential Text. London: Cengage.

Bertrand, J., & Haklai, O. (2013). Democratisation and Ethnic Minorities: Conflict or Compromise? New York, NY: Routledge.

Bunni, N. (2015). The Fidic Forms of Contracts . London: Blackwell Publication Ltd, 3rd Edition.

Kwadwo, A. (2013). (). AlternAtive Dispute resolution And its implications for Women’s Access to Justice in Africa - The Case Study of Ghana. Frontiers of Legal Research, Vol 1; No 1, 36-57.

Muigai, K. (2017). Institutionalising Traditional Dispute Resolution Mechanisms and other Community Justice Systems. Nairobi: Published online.

Mwakikagile, G. (2010). Life in Kenya: The Land and the People, Modern and Traditional Ways. New York, NY: Springer.

Natalya, J. (2012). Reconciliation via Truth? A Study of South Africa's TRC. Journal of Human Rights, Volume 11, - Issue 2, 189-209 .

Njogu, K. (2010). Ethnic Diversity in Eastern Africa:. Nairobi: Twaweza Communications.

O'Connor, K. (2010). Gender and Women' Leadership: A reference Handbook. . London: SAGE.

Pretty, J. (1995). Participatory Learning for Sustainable Agriculture. World Development, Vol. 23, Number 8, 1247–1263.

Quinn, J. (2009). Haiti's Failed Truth Commission: Lessons in Transitional Justice. Journal of Human RIghts, Volume 8, Issue 3, 265-281.

Shamir, Y. (2011). Alternative dispute resolution approaches and their application. UNESCO.

Simiyu, R. (2008). Militarisation of Resource Conflicts: the Case of Land based Conflict in Mount Elgon of Western Kenya. Nairobi: Institute for Security Studies.

Smith, K. (2014). Ethical Trade, Gender and Sustainable Livelihoods: Women Smallholders ahd Ethicality in Kenya. New York: Routledge.

Snyder, A. &. (2011). Critical Aspects of Gender in Conflict Resolution, Peacebuilding and Social Movements. . Bingley, Uk: Emerald Group Publishing.

Urban Thinkers Campus. (2015). Engaging Women in Ensuring Safety. . Nairobi: UN Habitat.

Warner, R. (2008). Applied Statistics: From Bivariate Through Multivariate Techniques. . Califronia: Sage Publications, Inc.

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Published

2021-01-05

How to Cite

Muthama, B. M., Ngare, P. G. W., & Wanjama, D. L. N. (2021). The Levels of Participation for Men and Women in Resolving Community Conflicts Using ADR Mechanisms in Kapsokwony Sub-County, Bungoma County, Kenya. Journal of Gender Related Studies, 2(1), 1–14. https://doi.org/10.47941/jgrs.504

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