RESOLVING LAND AND NATURAL RESOURCE DISPUTES IN KENYA THROUGH ALTERNATIVE DISPUTE RESOLUTION

Abstract

Disputes over land and natural resources are more than just legal conflicts as they shape livelihoods, define communities, and influence national development. In a world where access to land and resources remains contested, finding solutions that are both effective and sustainable is very important. Alternative Dispute Resolution (ADR) has emerged as a promising path that offers faster, more inclusive and less adversarial means of settling disputes. It has been embraced within legal frameworks such as the Constitution of Kenya, 2010 as a preferred method of conflict resolution. This in turn reduces the burden on courts and fosters cooperation among parties which is just but one of its many advantages. Despite its growing recognition, the gap between policy and practice however still remains wide. This is simply because of various hindrances such as accessibility challenges, enforcement limitations, varying levels of societal acceptance among others. While some disputes have been successfully resolved through ADR, others continue to escalate due to legal uncertainties and structural barriers. This study delves into the evolving role of ADR in land and natural resource conflicts by examining its successes, limitations, and the broader implications for justice and governance. Drawing from comparative perspectives, the discussion explores how different approaches to ADR have shaped dispute resolution processes and what lessons can be applied to strengthen its effectiveness. As land conflicts become more complex, refining ADR systems through innovation, institutional support and greater public engagement is essential. By transforming legal principles into practical solutions, ADR has the potential to not only resolve disputes but also promote long-term harmony and equitable resource management. As conflicts over land and resources intensify, the need for adaptable, fair, and efficient solutions becomes undeniable.