Fatuma Ahmed Khamis

Alternative dispute resolution mechanism was formally recognized in Kenya after the promulgation of the constitution in 2010 under Article 159(2)(C). The article requires courts to be guided by the need to promote ADR. However, there are delays in the resolution of employee complaints and poor organizational performance. This is being caused by the failure of the Government to implement the Collective Bargaining Agreement (CBA) 2017–2021. The steady rise in labor dispute in Kenya, CBA for universities academic staff union (UASU) for example and other unions. The central objective of the study is to investigate the determinants that lead Trade Unions in Kenya to adopt ADR mechanisms. The specific objectives of this research will be to determine whether perceived benefits has influence on the uptake of ADR mechanisms by Trade Unions in Kenya, to determine whether communication and documentation influence adoption of ADR mechanisms by Trade Unions in Kenya, to determine whether knowledge has any influence on the uptake of ADR mechanisms by Trade Unions in Kenya and to analyze whether final binding decision has influence on the adoption of ADR mechanisms by Trade Unions in Kenya. The last hypothesis which was the moderating variable was to find out the impact of workplace grievances on the uptake of the mechanisms of ADR in Kenya. The study is anchored on the adoption theory, reason action theory, standard economic theory stair step theory and planned behavior theory. The study uses a descriptive survey research design. The target population is 4,127 trade union officials. A sample of 354 respondents were selected using sample determination table by Krejcie and Morgan. Primary data was gathered through structured questionnaire while the secondary information was gathered from journals, books and internet sources. Pilot test was done to determine the reliability and validity of the research instruments. Cronbach’s alpha test was employed to determine the tool’s applicability. Multiple regression analysis, normality test, multicollinearity, heteroscedasticity, linearity, auto correlation and moderation effect were used to analyze quantitative data. KMO, Bertltt’s test was used to measure the sample adequacy. Hypothesis testing was conducted to establish the link between the variables. Qualitative data was analyzed by the use of content analysis by going through the information provided in the questionnaire, develop the codes, code the available data and finally came up with links between the discrete information.