NAIROBI, Kenya — In an effort to address longstanding land conflicts in Kenya’s Coast region, the government has announced a new initiative to empower elders in resolving disputes through customary law.
The program, launched under the Jukwaa la Usalama platform, aims to incorporate traditional dispute resolution systems into the national legal framework, offering a sustainable and culturally relevant solution to the ongoing tensions over land ownership in counties like Kilifi, Tana River, Kwale, and Lamu.
Land-related disputes have long plagued these areas, often fueled by historical disinheritance, fraudulent transactions, and unclear title deeds.
With communities frequently vying for control over land, conflicts have escalated into violence, destabilizing the region and undermining social cohesion.
The government’s new initiative seeks to bring order and transparency to these disputes by empowering local elders — respected as custodians of community law — to mediate conflicts using a combination of legal and customary frameworks.
Through this initiative, elders will be provided with training and support, equipping them with the necessary tools to manage land disputes more effectively and in accordance with both tradition and the Constitution.
This move reflects the government’s recognition of the crucial role that customary law plays in Kenya’s diverse communities.
By tapping into these traditional systems, the government aims to provide a quicker, more culturally appropriate alternative to the formal judicial process, thereby reducing the burden on the country’s overburdened court system.
The initiative was officially introduced during the inaugural Pwani Edition of Jukwaa la Usalama, held in Mombasa on April 8, 2025.
This community dialogue platform is part of a broader effort to modernize Kenya’s justice system by recognizing and formalizing alternative justice systems (AJS) while ensuring they align with the country’s constitutional principles and international human rights standards.
According to the Judiciary, approximately 78% of Kenyans seek justice through informal systems rather than the formal court system.
This preference is largely due to the faster, more accessible, and culturally relevant nature of these alternative systems.
The new government initiative builds on the constitutional recognition of AJS, as outlined in Article 159(2)(c) of the 2010 Constitution, which supports the use of traditional mechanisms in resolving disputes.
Kenya’s various ethnic communities, including the Borana, Somali, and Mijikenda, have long relied on their own customary dispute resolution systems, such as the Gada system and the Maslaha system, to address a wide range of conflicts, from land disputes to social cohesion.
With the government’s new initiative, elders will be given the resources and training to work within the modern legal framework while preserving the effectiveness of these time-honored practices.
By integrating elders into the formal justice system, the government aims to bridge the gap between traditional and modern law.
This step is expected to streamline the resolution of land disputes, ensuring that they are handled in a way that respects both the legal framework and the cultural norms of the communities involved.
The Jukwaa la Usalama platform, which promotes inclusive governance, also highlights the importance of listening to marginalized voices, particularly those of women and youth, in the policymaking process.
Through these forums, the government ensures that the concerns of local communities are heard and addressed, reinforcing the idea that public safety and justice are shared responsibilities between the state and the people.
In the coming months, the government plans to expand this initiative to other regions, with the goal of ensuring that Kenya’s diverse communities can benefit from a justice system that is both modern and culturally sensitive.
