Societies · 2019 · 16 citations · 3 references
LawJurisprudencePublic LawConstitutional TheoryPhilosophy Of LawRestorative JusticeAfrican GovernanceAfrican PhilosophyCriminal JusticeCustomary LawCustomary Law SystemsLegal SystemsCustomary Justice MechanismsCustomary Justice SystemsCustomary Law IntegrationFormal Legal InstitutionsRestorative Justice PhilosophyRestorative Justice TheoryTraditional Dispute ResolutionTraditional Justice Mechanisms
African societies have been governed according to known norms, customs, and practices that together constitute African customary law. These societies have placed emphasis on communal as opposed to individual identity, and this has extended to their justice systems. African customary law therefore has placed emphasis on the concept of restorative justice based on the understanding of restoring the societal balance that has been disrupted by crime. This has fostered offender accountability, reparation to the victim, and full participation by the affected community members. This essay examines the resurgence of African legal philosophy and its subsequent integration into modern African formal legal systems. In particular, it interrogates the recent Kenyan example of integrating traditional dispute resolution mechanisms as one of the guiding principles for the exercise of judicial authority by Kenyan courts under the 2010 Constitution. It argues for the development of structures to properly utilize such mechanisms within the Kenyan context.
3
Introduction to African Religion
T.O. Beidelman, John Mbiti · The International Journal of African Historical Studies · 1992 · 946 citations
Arts, Religion, Religious Studies +17
Institutional Reform in the New Constitution of Kenya
Migai Akech · 2010 · 29 citations
Law, Constitutional Law, Public Law +14