ADVOKS GLOBAL · KENYA
Community Land Act
39. Dispute resolution mechanisms
Edition: 2022-12-31 · In force
39. Dispute resolution mechanisms
(1)A registered community may use alternative methods of dispute resolution mechanisms including traditional dispute and conflict resolution mechanisms where it is appropriate to do so, for purposes of settling disputes and conflicts involving community land.(2)Any dispute arising between members of a registered community, a registered community and another registered community shall, at first instance, be resolved using any of the internal dispute resolution mechanisms set out in the respective community by-laws.(3)Where a dispute or conflict relating to community land arises, the registered community shall give priority to alternative methods of dispute resolution.(4)Subject to the provisions of the Constitution and of this Act, a court or any other dispute resolution body shall apply the customary law prevailing in the area of jurisdiction of the parties to a dispute or binding on the parties to a dispute in settlement of community land disputes so far as it is not repugnant to justice and morality and inconsistent with the Constitution.