Transitional justice as a path to distributive justice: a jurisprudential and legal case for land restitution in Kenya
Date
2016-01
Authors
Kamau, Claude
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
Abstract
Rawls’ theory of distributive justice may serve as a useful model in conceptualizing
a model of the ideal political economy – one that seeks to keep inequalities
that have come about as a result of natural accident to a minimum. Moreover, his
principles of justice can be used correctively, to address institutional inequalities
that have the effect of entrenching social dislocation. Kenya has, over the decades
up until now, been riven by injustices relating to land. This has led to the development
of a small cluster of landed elites while the majority of citizens are effectively
denied land access rights. This is regardless of the fact that most of the land so
acquired by the former was acquired irregularly and with disregard of bona fide
title of the original occupants. The concept and process of transitional justice may
be viewed as the vehicle toward attaining corrective justice and accountability for
offences committed in times of national crisis as a restorative measure.
Description
Article
Keywords
Transitional Justice, Law, Land law, Distributive Justice, Jurisprudence, Land Restitution, Kenya