Assessing The Efficacy Of The Traditional Dispute Resolution Mechanisms: Case Of Maslaha System Among Somali Clans In Mandera, Kenya
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Date
2023-10
Authors
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Journal ISSN
Volume Title
Publisher
School of Arts and Social Sciences, Daystar University
Abstract
ABSTRACT
In Kenya, the perennial conflicts between pastoralist communities have been a recurring theme and almost the order of the day since immemorial. One notable conflict is inter-clan clashes between and among the Somali clans living in Mandera County. The study aimed to gauge the efficacy of a notable traditional dispute resolution mechanism called the Maslaha system in resolving disputes among the Somali clans in Mandera County. The study was guided by three specific objectives: to examine the nature of conflicts among the Somali clans in Mandera, Kenya. Secondly, the study aimed to assess the effectiveness of the Maslaha system as a traditional dispute resolution mechanism among the Somali clans in Mandera, Kenya, and finally, to evaluate the challenges of using the Maslaha system in resolving disputes among the Somali clans in Mandera, Kenya. Social Conflict theory was used to expound on the existence of conflicts among the clans in the study area. The study employed a mixed method approach where qualitative and quantitative data was gathered for analysis using FGD, key informants, and a questionnaire survey. The study used descriptive and explanatory research design while using purposive sampling techniques to identify key informants and FGD groups. 139 respondents were contacted through a questionnaire, 7 key informants, and 2 FGD groups. The study findings revealed the multifaceted, intricate web of conflict that characterized the clans in the study, ranging from inter-clan to boundary and disputes over resources. The study also revealed that clans in the study area find the Maslaha system as a dispute resolution mechanism and their way of life deeply embedded into their cultural fabric. Finally, the study also established that Maslaha has several weaknesses that should be addressed to fortify the system. Therefore, the study also made some key recommendations on fortifying the Maslaha and making it more effective.
Description
Masters Thesis
Keywords
Traditional Dispute Resolution Mechanisms, Maslaha, Somali Clans, Mandera
Citation
Ali H. A,. (2023, Thesis). Assessing The Efficacy Of The Traditional Dispute Resolution Mechanisms: Case Of Maslaha System Among Somali Clans In Mandera, Kenya. School of Arts and Social Sciences, Daystar University