Traditional Justice System as Alternative Dispute Resolution Under Article 159(2)(C) of the Constitution of Kenya, 2010

Authors

  • Emily Kinama Katiba Institute (Nairobi, Kenya)

DOI:

https://doi.org/10.52907/slj.v1i1.1

Keywords:

Traditional Justice System, Alternative Dispute, The Constitution of Kenya, Multidisciplinary Approach, Comparative Analysis

Abstract

There are various forms of justice. It cannot be limited to legal justice. This paper explores the potential of traditional justice systems under the Constitution. It illustrates the need for a multidisciplinary approach in order to fully realise the right to access justice. Through a comparative analysis as well as case law, the paper demonstrates how alternative dispute resolution is not limited to civil cases, but can be applied to criminal proceedings. Challenges are pointed out and recommendations made on how to improve and effectively manage traditional justice system

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Author Biography

Emily Kinama, Katiba Institute (Nairobi, Kenya)

 LLB (University of Pretoria) LLM, International law (University of Pretoria). The author is an advocate of the High Court of Kenya and currently a law clerk at the Supreme Court of Kenya. This article contains theviews of the author and not of the Supreme Court of Kenya or the Judiciary.

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Published

2021-05-01

How to Cite

Kinama, E. (2021). Traditional Justice System as Alternative Dispute Resolution Under Article 159(2)(C) of the Constitution of Kenya, 2010. Strathmore Law Journal, 1(1), 22–40. https://doi.org/10.52907/slj.v1i1.1

Issue

Vol. 1 No. 1 (2015): Strathmore Law Journal

Section

Articles

License

Copyright (c) 2015 Emily Kinama

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.