Nature and Extent of Land Disputes in Nandi County, Kenya
Beatrice Mosiria, Crispinous Iteyo, Kennedy Onkware

Abstract
Worldwide judicial decision making process helps resolve land disputes and its evolution dates back to when judges began resolving land disputes, Kenya and Nandi County are not an exception. Despite the existing judicial mechanisms for resolution, land disputes continue to exist between communities and individuals. Thus the quest for justice continues for the parties involved in land disputes. The study sought to examine the nature of land disputes in Nandi County. The study adopted the attitudinal model for judicial decision making process since it highlights the judicial process in resolution of disputes. It also adopted the social conflict theory which explains why the society conflicts over limited resources owned by the rich while the poor provide labor and are oppressed to the extent of causing conflict. The study targeted a population of 831. The study sampled 260 respondents including; 215 Counsels and 3 judicial officers, 21 community elders and 21 members of the National Land Commission (NLC). The study adopted simple random, census, purposive, convenient and snowballing sampling methods. Primary data collection methods were Questionnaires, Interviews and FGDs. The collected data was analyzed qualitatively and quantitatively through descriptive and inferential statistics. The analyzed data was presented in frequency distribution, tables and graphs. The results indicate that court officials 111(51%) handle land disputes on weekly basis, 40% on monthly basis,4(2%) few per month, and 2(1%) rarely. Unclear land rights was supported by 100(218) of the respondents as the major cause of conflicts, 205(94%) cultural practices, 148(68%) historical injustices, 183(84%) inequitable access to land, 116 (53%) population growths, while 78% (170) blamed boundary issues. The study recommends cooperation from both the national and county government to tackle land disputes and alleviate suffering among residents in Nandi County.

Full Text: PDF