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Traditional Dispute Resolution Mechanisms In The Administration Of Justice In Kenya
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Book Synopsis Traditional Dispute Resolution Mechanisms in the Administration of Justice in Kenya by : Dr. Francis Kariuki
Download or read book Traditional Dispute Resolution Mechanisms in the Administration of Justice in Kenya written by Dr. Francis Kariuki and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Kenya 2010 recognises customary law and the use of traditional dispute resolution mechanisms (hereinafter 'TDRMs'), which are informal and culturally-appropriate justice systems in resolving disputes. Whereas several African countries have promoted the use of customary law by establishing customary courts, Kenya retains a system where both customary law and state law are subject to interpretation by state courts. The Kenyan Constitution cements this position by stipulating that TDRMs are to be promoted and encouraged by the Judiciary. This chapter examines how Kenyan courts have treated decisions emanating from TDRMs highlighting attributes of citizenship such as urbanisation and equality. It notes that the constitutional position creates doubts as to the future development of customary law and TDRMs in Kenya owing to the divergent and conflicting approaches taken by the judiciary over the years in interpreting customary law.
Book Synopsis Impact of Traditional Dispute Resolution Mechanisms on the Criminal Justice System in Kenya Post 2010 Constitution by : Rakia Ibrahim
Download or read book Impact of Traditional Dispute Resolution Mechanisms on the Criminal Justice System in Kenya Post 2010 Constitution written by Rakia Ibrahim and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Human Rights and Traditional Justice Systems in Africa by :
Download or read book Human Rights and Traditional Justice Systems in Africa written by and published by UN. This book was released on 2016 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.
Author :Getachew Assefa (dir.). Alula Pankhurst Publisher :Centre français des études éthiopiennes ISBN 13 :2821872348 Total Pages :301 pages Book Rating :4.8/5 (218 download)
Book Synopsis Grass-roots Justice in Ethiopia by : Getachew Assefa (dir.). Alula Pankhurst
Download or read book Grass-roots Justice in Ethiopia written by Getachew Assefa (dir.). Alula Pankhurst and published by Centre français des études éthiopiennes. This book was released on 2016-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.
Book Synopsis Alternative Dispute Resolution and Peace-building in Africa by : Ernest E. Uwazie
Download or read book Alternative Dispute Resolution and Peace-building in Africa written by Ernest E. Uwazie and published by Cambridge Scholars Publishing. This book was released on 2014-06-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.
Book Synopsis Asian Indigenous Law by : Masaji Chiba
Download or read book Asian Indigenous Law written by Masaji Chiba and published by Routledge. This book was released on 2013-10-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.
Book Synopsis Traditional Justice and Reconciliation After Violent Conflict by : Lucien Huyse
Download or read book Traditional Justice and Reconciliation After Violent Conflict written by Lucien Huyse and published by International IDEA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.
Book Synopsis Informal Justice by : Roger Matthews
Download or read book Informal Justice written by Roger Matthews and published by SAGE Publications Limited. This book was released on 1988-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.
Book Synopsis Community Paralegals and the Pursuit of Justice by : Vivek Maru
Download or read book Community Paralegals and the Pursuit of Justice written by Vivek Maru and published by Cambridge University Press. This book was released on 2020-11-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.
Book Synopsis Working with Customary Justice Systems by : Erica Harper
Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
Book Synopsis Handbook on Restorative Justice Programmes by : Yvon Dandurand
Download or read book Handbook on Restorative Justice Programmes written by Yvon Dandurand and published by United Nations Publications. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Book Synopsis Access to Justice as a Human Right by : Francesco Francioni
Download or read book Access to Justice as a Human Right written by Francesco Francioni and published by OUP Oxford. This book was released on 2007-10-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Book Synopsis Arbitration Law and Practice in Kenya by : Githu Muigai
Download or read book Arbitration Law and Practice in Kenya written by Githu Muigai and published by African Books Collective. This book was released on 2011-12-29 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law and Practice in Kenya is a practical reference text for one of the fastest growing areas of legal practice in Kenya today. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the Award in the Kenyan context. All topics are covered against the provisions of the Arbitration Act, 1995, the Civil Procedure Act, the UNICTRAL Model Law, relevant international conventions and relevant case law, local, regional and international. The book will prove useful for students, practitioners and arbitrators.
Book Synopsis Facing Mount Kenya by : Jomo Kenyatta
Download or read book Facing Mount Kenya written by Jomo Kenyatta and published by African Books Collective. This book was released on 1978-12-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facing Mount Kenya, first published in 1938, is a monograph on the life and customs of the Gikuyu people of central Kenya prior to their contact with Europeans. It is unique in anthropological literature for it gives an account of the social institutions and religious rites of an African people, permeated by the emotions that give to customs and observances their meaning. It is characterised by both insight and a tinge of romanticism. The author, proud of his African blood and ways of thought, takes the reader through a thorough and clear picture of Gikuyu life and customs, painting an almost utopian picture of their social norms and the sophisticated codes by which all aspects of the society were governed. This book is one of a kind, capturing and documenting traditions fast disappearing. It is therefore a must-read for all who want to learn about African culture.
Book Synopsis Conflict in Africa by : Makũmi Mwagiru
Download or read book Conflict in Africa written by Makũmi Mwagiru and published by . This book was released on 2006 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
