CHALLENGES FACING TRADITIONAL POWER STRUCTURES IN RESOLVING PROPERTY INHERITANCE CONFLICTS IN MERU COUNTY, KENYA

  • Mbaabu, Esther Gakii Post graduate student; Masinde Muliro University of Science and Technology
  • Prof. Kennedy Onkware PhD-Department of Emergency Management Studies Masinde Muliro University of Science and Technology
  • Prof. Edmond Were PhD-Department of Political Science and Peace Studies, Kisii University
Keywords: Patriarchy, Property inheritance, Power structure, Tradition

Abstract

 In Africa, traditional power structures are used alongside conventional justice system in many countries to resolve conflict related to property inheritance. These are the respective customary decision making organs in the society whose authority is believed to originate from the ancestors and was believed to be divine. Therefore, their decisions cannot be questioned or altered. The study assessed the challenges facing the traditional power structures in resolving property inheritance conflicts in Meru County, Kenya. This study employed a descriptive survey research design to gain insight into the challenges facing traditional power structures in resolving property inheritance conflicts in Meru County, Kenya. Qualitative and quantitative data was collected. The sample size included all the 54 Njuri Ncheke committee members consisting of the chairperson, the secretary and the treasurer from all the 18 Njuri Ncheke Centres in Tigania East, 180 elders and 42 heads of households whose inheritance conflict cases were resolved by Njuri Ncheke. Data was collected using in-depth and key informant interviews, Focus Group Discussions (FGDs), and direct observation. Data gathered from the study was coded and analyzed according to themes emerging from the narratives. The study revealed that the challenges facing Njuri Ncheke as an institution resolving inheritance related conflicts in Tigania East included, either of the parties being compromised, or of patriarchal cultural influence on the part of the council, other challenges included lack of awareness on changes in the law, and inadequate use of technology. The study recommended public education to the residents about what Njuri Ncheke as a traditional institution stands for and why it is structured as it is by including it in the education curriculum for all schools in the areas served by Njuri Ncheke. This will enhance understanding and appreciation of the functions of this traditional institution.

References

Achan, G. K. (2013). Original Ways: An Exploration of Tiv and Inuit Indigenous Processes of Conflict Resolution and Peacemaking. Department of Peace and Conflict Studies.Manitoba Canada.University of Manitoba Winnipeg.
Brehm, H. N., Ugge, N. C. &Gasanabo, J.(2014).Genocide, Justice, and Rwanda’s Gacaca Courts. Journal of Contemporary Criminal Justice 2014,30(3) 333–352. Sage. Retrieved March 16 2017 from journals.sagepub.com/doi/abs/10.1177/1043986214536660
Constitution of Kenya (2010). Laws of Kenya ISK (2010). Nairobi, Kenya: Land Development and Governance Institute.
Hansen, T. (2005) The Gacaca tribunals in post-genocide Rwanda. Centre for Restorative Justice & Peacemaking [Internet]. Retrieved May, 30 2017 from http://www.restorativejustice.org/articlesdb/articles/7422/> [Accessed 29 October 2014].
Human Rights Watch.(2011)Justice Compromised. The Legacy of Rwanda’s Community- Based Gacaca Courts.United States of America: Human Rights Watch.
Kariuki, F. & Muigua, K. (2015).Alternative Dispute Resolution, Access to Justice and Development in Kenya. Nairobi, Kenya: Strathmore.
Kothari (2009) "Research Methodology: Methods & Techniques". (Second Revised Edition), New Age International Publishers, New Delhi.
Lastarria-Cornhiel, S. (2000) Who gets the land in matrilineal societies?Madison, USA, Land Tenure.
Law Society of Kenya (2010) Land Development and Governance Institute.
Laws of Kenya ISK (2010). Constitution of Kenya (2010). Nairobi, Kenya: Land Development and Governance Institute.
Maitima, D. J. (2013). Unleashing the potential of Meru County. Meru Rising (pp. 7-8). Meru: Meru County Government.
Mkapa(2010)https://upload.wikimedia.org/wikipedia/commons/1/16/Benjamin_William_Mkapa _- _World_Economic_Forum_on_Africa_2010_-_1.jpg
Mutisi, M. (2012).Integrating Traditional and Modern Conflict Resolution: Experiences from selected cases in Eastern and the Horn of Africa.Africa Dialogue Monograph Series No. 2/2012.ACCORD ISSN.1562–7004.
Normandy, E. (2013, 01 24). Tradition and Politics: Indigenous Political Structures in Africa (review). Retrieved 11 3, 2014, from http://muse.jhu.edu/: http://muse.jhu.edu/login?auth=0&type=summary&url=/journals/african_studies_ review/v051/51.2.normandy.html.
Okoth-Ogendo. (2002). The Tragic African Commons: A Century of Expropriation, Suppression and Subversion, (Programme for Land and Agrarian Studies, School of Government, University of the Western Cape, Cape Town,SA.
Organic Law (2006) Republic of Rwanda n°04/2012 of 15/06/2012 terminating Gacaca courts. Kigali Rwanda: Government of Rwanda. Retrieved from www.minijust.gov.rw/.
Pkalya R., AdanM., & Isabella Masinde I. (2004). Indigenous Democracy: Traditional Conflict Reconciliation Mechanisms Among the Pokot, Turkana, Samburu and the Marakwet . Intermediate Technology Development Group-Eastern Africa.
Rautenbach, C. (2010). “Traditional Courts as Alternative Dispute Resolution (ADR)- Mechanisms in South Africa” SSRN, 290.
Richardson A.M. (2004) Women's Inheritance Rights in Africa: The Need to Integrate Cultural Understanding and Legal Reform. Human Rights Brief.11(2). Retrieved March 2 2017 from digitalcommons.wcl.american.edu › ... › HRBRIEF › Vol. 11 › Iss. 2 (2004)
Thipe, T. (2013). Defining Boundaries: Gender and Property Rights in South Africa’s Traditional Courts.South Africa: Bill Centre for Law and Society, University of Cape.
Published
2018-09-30
How to Cite
Gakii, M. E., Onkware, P. K., & Were, P. E. (2018). CHALLENGES FACING TRADITIONAL POWER STRUCTURES IN RESOLVING PROPERTY INHERITANCE CONFLICTS IN MERU COUNTY, KENYA. International Journal For Research In Educational Studies (ISSN: 2208-2115), 4(9), 18-32. Retrieved from https://gnpublication.org/index.php/es/article/view/745