Resource information
Dispute resolution is a key component of land administration and management in Kenya. Article 162 of the Constitution of Kenya provides for the establishment of the Environment and Land Court (ELC) by an Act of Parliament. Further, parliament is mandated to determine the jurisdiction and functions of the courts. In 2011, parliament passed the Environment and Land Court Act through which the Environment and Land Court was established. In accordance with the provisions of this act, the court is mandated to ensure reasonable and equitable access to its services in all counties. To date 15 judges have been appointed to the ELC covering 14 stations countrywide. The Land Development and Governance Institute sought to assess the perceptions of the members of the public on whether the formation of the ELC had improved the handling of disputes related to land. A total of 470 respondents (of which 70 percent were male and 30 percent were female) were interviewed in 28 counties across the country. Out of 28 counties sampled for the survey, 14 counties had an Environment and Land Court while the remaining 14 did not have the court. 69 percent of the respondents filed their cases with the ELC and 31 percent sought services from the high court, magistrate court or alternative dispute resolution mechanisms. From the study it emerged that 85 percent of the interviewed respondents had confidence in the ELC while only 15 percent had no confidence in the courts. Respondents feel the new courts have reduced corruption, with 69 percent of the sample population ranking corruption as low in these courts and 31 percent rating it high. In conclusion, there is general optimism from the public on service delivery by the Environment and Land Court. In areas where the courts are established, they are fairly accessible to the public. However, a section of the public is not aware of the existence of this court. The report recommends that there is need to increase the number of courts to cover all counties to reduce the cost of travelling. Capacity building is necessary to increase public awareness on the jurisdiction and functions of the court. Where alternative dispute resolution mechanisms have been established, they should be strengthened to reduce back log of cases in the ELC. In iv addition, to improve efficiency, it is important to computerize the filing process and have more efficient staff.
