Exploring Legal Frameworks That Support the Use of Indigenous Knowledge (IK) in Alternative Dispute Resolution (ADR) Among the Akamba Community in Kitui County, Kenya

The study explored legal frameworks that support the use of indigenous knowledge (IK) in alternative dispute resolution (ADR) processes. Given the prevalence of inter-community disputes worldwide, this investigation was both timely and globally relevant. Guided by the Theory of Justice and the Knowledge-Based Theory, the study adopted an interpretivist research philosophy and a qualitative case study design to explore the legal frameworks supporting the use of Alternative Dispute Resolution and Indigenous Knowledge among the Akamba community in Kitui County, Kenya, aiming to enhance peace and development. The target population of 184 comprises community members and officials involved in dispute resolution across eight selected sub-counties. Purposive sampling was used to select 23 officials, while snowball sampling recruited 138 community members, yielding 161 participants (87.5 percent response rate). Trustworthiness was enhanced through triangulation using interviews, focus group discussions, and observations, while dependability was ensured through an audit trail and a pilot study. Qualitative data were analysed thematically using ATLAS.ti. The findings identified constitutional recognition, integrity, institutional support, autonomy, and legal limitations as key frameworks supporting IK in ADR. Most of the respondents were aware of the legal framework that supports the use of IK in ADR, but they were not sure about the content, which was confirmed by the observation views. Participants agreed that the Constitution of Kenya (2010) recognises IK in ADR and that strengthening implementation would enable civil disputes, including land, family, dowry, village gossip, and livestock conflicts, to be resolved through ADR. The paper concludes that strengthening the implementation of legal frameworks can enhance IK in ADR legally, thereby promoting peace, cohesion, and development in Kitui County.