How traditional practices help resolve modern land disputes

Villagers of Mata ward in Taita Taveta demonstrate against a developer who has been allocated a wildlife corridor on March 6, 2023. [Renson Mnyamwezi, Standard]

For decades, land ownership in Kenya has been marred with historical conflicts, often leading to legal battles that break families and even result in loss of life.

However, the implementation of the Alternative Justice System (AJS) is believed to have offered a glimmer of hope, providing a platform for peaceful dialogue and dispute resolution. In patriarchal societies such as the Maasai, AJS has proved effective in solving land disputes.

Led by Samuel Lonkoi, chairman of AJS in Kajiado County, residents say this initiative is reshaping dispute resolution, bringing justice closer to communities and fostering regional harmony.

Launched in 2020, the system aims to alleviate court backlogs by settling conflicts outside formal courtrooms, promoting reconciliation, peace and cohesion among disputing parties

It also supports Sustainable Development Goal 16, which advocates for peace, justice and strong institutions.

According to the 2022 report by Kituo Cha Sheria, there is a glaring gender disparity, with men owning about 9.93 million hectares of land compared to the women’s 163,250 hectares, representing 97.76 percent and 1.62 percent, respectively, highlighting the challenges faced in patriarchal societies like the Maasai.

In Longosua location, Matapato North Ward in Kajiado Central Constituency, we meet Lita Kingagir, a 23-year-old resident who had her 10-acre land sold without her knowledge by her late husband. “Until my husband died, I was not aware that he sold our land to our neighbour. We took the matter to court, but we never got any help,” said Kingagir.

After years of fruitless litigation, she turned to AJS. With the support of AJS, members and community elders facilitating the process together with the Food and Agriculture Organisation (FAO), she successfully reclaimed her land and was issued a title deed,” she said. She currently lives in peace with her neighbour.

Nkalai Kopili, a defendant in the land dispute, stated that he was staying with Kingagir’s husband, who sold him the land about 30 years ago before his death.

“When AJS was introduced, Kingagir approached them, and we were summoned to resolve the matter. After consultation with my family and considering the circumstances, I agreed to return the land despite significant court expenses,” Kopili shared.

Emily Leshinka, a 74-year-old widow from Purko location, faced a similar ordeal when her 200-acre land was unlawfully transferred to another person, preventing her from utilizing it for over three decades.

Through collaboration between the Kajiado County Department of Lands, AJS and support from FAO, Leshinka reclaimed her land without financial burden.

Her son, Isaac Leshinka, reflected on their struggles over the years. “We faced numerous challenges reclaiming this land from when I was just 11 years old, culminating in a legal victory 32 years later. As the only educated son, I pursued AJS diligently, resulting in our rightful ownership with a title deed,” he said.

Lonkoi highlighted the transformative impact of AJS in local communities  in Kajiado County, where his team has handled over 300 cases satisfactorily with a community-based approach free from corruption.

He thanked the Government and Justice Joel Ngugi for implementing AJS. He said the vibrant AJS has come in handy because of Kajiado County’s vast size and poor infrastructure, which makes it difficult to access the courts.

Lonkoi also acknowledged Governor Joseph Ole Lenku’s support for AJS, emphasizing its accessibility and efficiency in resolving disputes at the grassroots level. However, he noted challenges such as public awareness and logistical support, urging local representatives to allocate resources for AJS’s sustainability. 

Highlighting time efficiency, Lonkoi noted that AJS resolves cases within three sittings, including reconciliation post-verdict, which courts often lack. Lonkoi underscored security concerns in handling sensitive land disputes, but commended community cooperation.

Longosua Senior Chief Daniel Ole Mamai emphasized the historical challenges faced when disputes went unresolved due to unfamiliarity with formal court systems and the language barrier with judges and lawyers.

“With AJS, it became easy because people talk in the language they understand,” he said.

Further, he highlighted AJS’s role in promoting gender equity in land ownership, noting that the system now ensures women and children receive land titles.