2.6 STATUTORY PROVISIONS FOR CONFLICT RESOLUTION
Statutory provisions for conflict resolution vary across jurisdictions and depend on the specific legal framework in place. In Kenya, the 2010 Constitution and related legislation provide mechanisms for conflict resolution in different contexts. Statutory provisions for conflict resolution in Kenya are;
- Judicial mechanisms:
– Courts: The judiciary in Kenya plays a crucial role in resolving conflicts through the court system. Parties can bring their disputes before the courts for adjudication and resolution. Kenya has a hierarchical court structure, including the Supreme Court, Court of Appeal, High Court, and subordinate courts, which handle different types of cases based on their jurisdiction and subject matter.
– Alternative Dispute Resolution (ADR): The Kenyan legal framework encourages the use of ADR methods such as mediation, arbitration, and negotiation as alternative avenues for conflict resolution. The Judiciary Act provides for the establishment and operation of court-annexed mediation and encourages parties to explore ADR options before resorting to formal litigation.
Intergovernmental Relations Mechanisms:
- Intergovernmental Relations Act: The Intergovernmental Relations Act (2012) establishes mechanisms for resolving disputes and promoting cooperation between the national and county governments in Kenya. It provides for the establishment of bodies such as the Intergovernmental Relations Technical Committee (IRTC) and the Council of Governors (CoG) to facilitate consultation, negotiation, and dispute resolution between the two levels of government.
- Labor relations mechanisms:
Labor Relations Act: The Labor Relations Act (2007) provides a statutory framework for the resolution of labor disputes. It establishes the Industrial Court, which has jurisdiction over labor-related disputes and is empowered to hear and determine cases arising from employment relationships and collective bargaining disputes. The Act also promotes voluntary conciliation and mediation as means of resolving labor disputes.
- Statutory tribunals and commissions:
Various statutes in Kenya provide for the establishment of specialized tribunals and commissions to address specific types of disputes. For example, the Employment and Labor Relations Court deals with employment-related disputes, the National Land Commission addresses land disputes, and the Ethics and Anti-Corruption Commission investigates and prosecutes corruption cases.