Historically, TDRMs began with elders who governed a usufructuary property system.
Kenyan property TDRMs take place in a plural environment where both informal and formal mechanisms work in tandem.
(49) It defined the lands' caretakers, devolved national powers to the new county governments, and incorporated TDRMs.
(51) The National Land Commission is an independent commission with the power "to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress." (52) Under the Land Act, the guiding principles of the National Land Commission include ensuring "equitable access to land," encouraging land TDRMs, and promoting the participation of the people.
Finally, the Constitution introduced a fourth player, TDRMs, and further complicated the matter.
(94) Therefore, the community attempts to resolve boundary disputes through TDRMs and the elders before bringing matters to the land registrar.
(3)., this formal dispute resolution mechanism is quite similar to informal TDRMs. (99) For instance, the Community Assembly consists of community members that vote for the Committee members, (100) and the Committee cannot make any major changes to land resolution mechanisms without a majority vote of the Assembly.
TDRMs are the first and most important step in rural land dispute resolution and people can be angered and the legitimacy of a case undermined if the disputants do not turn to TDRMs first.
(112) TDRMs in land disputes therefore usually involve consensus building amongst the elders as to what exactly happened in the dispute, the nature of the boundaries and a decision about the remedy.
One such area of flux that affects many Kenyans, is the new laws that formalize TDRMs in community land disputes.
(127) This theory offers an important interpretation of the current property TDRMs in Kenya: existing institutions can work to empower certain actors (i.e.
(131) These characterizations are important to understanding the relationships among TDRMs (informal institutions), the new Constitution and land legislation (formal institutions), and gender equality.