The place of traditional dispute resolution in Kenya

  

Date Posted: 10/20/2012 12:50:29 AM

Posted By: Suter junior  Membership Level: Silver  Total Points: 834

---

The promulgation of the new constitution of Kenya brought with it many changes, Article 159 mandates the judiciary to look at means of promoting traditional forms of dispute resolution including traditional means of dispute resolution.
Its quick to limit the extent of applicability of this systems by making them subject to repugnancy test, morality and written law.
The questions that then beg for answers are;
1. Can traditional systems work under written law?
2. Does tradition mean culture?
3.what tradition prevails in cosmopolitan areas?
4. Is the provision realizable or mere statement of wishes?
Tradition is a way of life which binds people, this way of life existed way before the colonialists came to Kenya. It included means of solving dispute which has come to develop into restorative justice in modern world. It thus doesn't make any sense to try and make it inferior to written laws the idea for the provision was white and retaining it means that the tradition is dead, let the Luos of Kenya inherit their wives, let the Kalenjin women marry other women, let the Kikuyus sacrifice at mount Kenya without fear that the law will in validate the findings of the traditional systems.
Let us now examine cosmopolitan areas, towns and cities, a look at this areas presents a whole new area of concern. In the areas we meet different people from different works of life, cultures and traditions. They the collapse all the difference and call themselves town dwellers, with different notions to dispute resolution it is hard for anybody to try and come up with a uniform tradition then brings up the question of community dispute resolution.

BASICS OF COMMUNITY DISPUTE RESOLUTION.
To understand the need for community dispute resolution let it be clear from the onset that a community is a body that has accepted to come together for

one or many purposes in this instance we examine the dispute resolution purpose.
The country (Kenya) has been divided into 47 counties sharing one or similar history save for cosmopolitan ones like Nairobi, Uasin Gishu and Mombasa just to mention prominent examples. And not blind to the fact that each county has aspects that do not strictly 'belong' to the cultures who must again protected. The county governments present the first avenue for the development of traditional methods.
The second alternative presents itself in the retention of provincial administration which has been the means of realization of dispute realization of traditional dispute resolution.
If this are used then the traditional systems will have a life.

---

Next: How to become a pilot with Kenya Airways - very easy
Previous: Seeking asylum in Kenya.