Effectiveness of Adjudication Mechanisms by the Government of Kenya in Resolving Land Disputes in Tharaka North Sub –County Between 1963 and 2020

Abstract

This paper investigated the effectiveness of adjudication mechanisms by the government of Kenya in resolving land disputes in Tharaka North sub –County between 1963 and 2020. It maintained that land was and is still an emotive issue in the Tharaka North Sub County that has seen perennial disputes and enormous destruction of property and loss of people. Prior to the advent of colonialism in1885 land was possessed under the customary law in Tharaka. Clan leadership played a crucial in the control and management of land in Tharaka. The study was purposively conducted in Tharaka North Sub County. Underdevelopment theory of Raul Prebisch theories was used to guide the study and a descriptive research design was applied. A sample size of 50 in-depth interviews was conducted to get oral information, which was corroborated with archival and secondary data. Qualitative Data was analyzed using historical narrative and thematic approach, and then it was subjected to the context and content analysis to ensure reliability and validity of data. Quantitative data was analyzed by use of Statistical Package for Social Science versions 11.0. The study found out that land ownership drastically changed on arrival of British colonialist who introduced land ordinances. On attainment of independence land adjudication began where most parcels of land were possessed by the noble class. Therefore, the study recommended that the judiciary fast track the pending and backlog of land cases in courts to address land disputes once and for all in Tharaka. This will be instrumental in contributing to global goal 9 on descent work and economic growth by proper use of land for economic growth.