Applicability of traditional dispute resolution mechanisms in community-based oil and gas disputes: the case of the Turkana community of Kenya.

This study examines the place of Traditional Dispute Resolution Mechanisms (TDRMs) in addressing oil and gas-related conflicts in Kenya, with Kenya's Turkana community as a case study. The study is conducted against a background of an oil discovery on land occupied by the Turkana Community (Turkana County) in 2012. The discovery predictably precipitated disputes over land, environmental harm, revenue sharing, and cultural displacement. The study notes that notwithstanding the influence of western formal legal systems, TDRMs have remained resilient and relevant in Kenya, particularly among indigenous communities. Notably, Kenya's Constitutional and legislative framework recognises TDRMs. However, integration of TDRM into formal Alternative Dispute Resolution (ADR) frameworks remains weak. The recognition of TDRM is mostly notional and is in any event tempered with unjustifiable restrictions by repugnancy clauses and unwarranted subjugation. This weak TDRM framework is particularly problematic where the disputes in question are extractive sector conflicts with underlying cultural dynamics. In that regard, this research explores how TDRMs can effectively be applied to resolve resource disputes among indigenous communities who have over years retained strong adherence to their cultural practices. Guided by three research questions, the study assessed the nature of oil and gas disputes among indigenous communities in Kenya, including Turkana, the legal and institutional status of TDRMs in Kenya and the efficacy of TDRMs in Turkana. A mixed-methods approach—combining doctrinal analysis of laws/policies with empirical data from surveys, interviews, and field observations—captured stakeholder perspectives, including community members, elders, government officials, and oil company representatives. Key findings reveal that TDRMs, with their restorative justice focus and cultural relevance, hold strong potential for resolving local disputes. However, their effectiveness is hampered by Kenya's inadequate legal and policy framework. Kenya's legal system is predominantly common law oriented and prioritises the use of formal courts. There is little and largely inadequate provision s that enable the applicability of TDRMs. The study proposes an integrated dispute resolution model that merges TDRMs' participatory strengths with formal ADR mechanisms and the traditional court system. This will enhance legitimacy and enforceability while preserving cultural integrity. The research contributes to global discussions on indigenous justice systems in resource governance, offering actionable recommendations for policymakers, investors, and communities. In particular, it offers a new insight into a hitherto untapped consideration of the opportunity presented by TDRMs in resolution of resource disputes between local communities and investors. The study envisages that by enhancing TDRMs integration, Kenya and other emerging oil producing countries can promote equitable conflict resolution, corporate accountability, and sustainable development in in their extractive sectors.

Author dc:creator

• Ataka, Valentine

Advisor dc:contributor.advisor

• J. Mante, J. Oloo and D. Christie

• Traditional dispute resolution mechanisms (TDRMs)
• Alternative dispute resolution (ADR)
• Oil and gas disputes
• Turkana community
• Resource extraction
• Indigenous local knowledge (ILK)
• Community engagement

Language dc:language

en

Identifier

oai:rgu-repository.worktribe.com:3463779
https://doi.org/10.48526/rgu-wt-3463779

Author Identifier

0000-0002-0556-2075

OAI identifier oai:identifier

oai:rgu-repository.worktribe.com:3463779