Traditional Justice Systems as Alternative Dispute Resolution under Article 159(2) (c) of the Constitution of Kenya, 2010
Date
2015-06
Authors
Kinama, Emily
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
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 realize 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.
Description
A journal article by Emily Kinama, published in Strathmore Law Journal, SLJ - Volume 1, Number 1, June 2015.
Keywords
Traditional Justice Systems, Alternative Dispute Resolution (ADR), Constitution of Kenya, 2010, Legal justice, Case law, Criminal proceedings